QUESTION

In GA, when two names (spouses) are on the deed to a house, if one spouse dies, does the property automatically go to the surviving spouse?

Asked on Jul 18th, 2011 on Real Estate - Georgia
More details to this question:
Why would the surviving spouse need the signatures of his children to sell the property?
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1 ANSWER

Business Law Attorney serving Atlanta, GA at Stout Kaiser LLC
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If the name on the deed is Mary and John as joint tenants with rights of survivorship then the interest of the deceased spouse passes automatically to the surviving spouse.  If this language is not on the deed then each spouse owns a 1/2 interest.  The 1/2 interest owned by the deceased spouse will pass according to the will.  If there was no will then 1/2 interest would pass to the surviving spouse and the children.  Hopefully the children are over the age of 18 years.
Answered on Mar 01st, 2012 at 12:16 PM

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