QUESTION

Mom died. Dad survived. Both names on deed to house. Both have wills leaving house to the other. Should deed be changed to dads name only. Diy?

Asked on Nov 28th, 2021 on Estate Planning - Georgia
More details to this question:
Does dad need to alter deed to reflect his name only? Can I diy for him by going to county clerk? Are fees involved? If lawyer were involved what is honest fee?
Report Abuse

2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
Update Your Profile
It all depends on whether the deed is a tenants in common deed or a joint tenants with rights of survivorship deed. If it is a joint tenants with rights of survivorship, you need to do nothing.  If it is any other kind of deed, some action in probate court will be required.  It might be as simple as a Petition for Year's Support or a Petition to Appoint Permanent Administrator.
Answered on Nov 29th, 2021 at 7:15 AM

Report Abuse
Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on the loss of your mother.   As for your first question (should the deed be changed to your father's name), the answer can only be Maybe. It's impossible to know what, if anything, your father needs to do without (A) seeing the deed to the home he owned with your mother, (B) knowing more about her estate and what became part of her probate estate when she died, and (C) knowing whether or not she had a Will.   As for your second question (can you do the deed change yourself): the answer is easier: NO. Never try to do a deed yourself. That's the best and fastest way to create a problem with title to a property. To have a decent real estate attorney prepare a deed and help you file it correctly with the county is generally not a lot of money, assuming that there isn't already a problem with the title to the property. And, if there is a problem with the title, then consulting the attorney may not be inexpensive, but getting the problem addressed sooner rather than later is always better.   Back to the first question: If your mom and dad owned the property as joint tenants with rights of survivorship, which in Georgia would require the deed to contain the right language in addition to both of their names and not simply show both of their names as the owners, then your dad does not have to do anything to change the title to his individual name- that happened automatically when your mother died. He could, but does not have to, prepare and file an Affidavit of Surviving Joint Tenant- this is an affidavit that basically states that they owned the property as joint tenants but that she died and he became the sole owner at her death. It shoould also include a certified copy of her death certificate. (This is also NOT a good DIY project.) However, even if the deed was held as joint tenants, it does not mean that your father does not need to take or should not consider taking other steps to deal with other property your mother owned (such as filing her Will for probate or for informational purposes, making a year's support claim, or other steps). He may also need to reapply for the homestead exemption.   Your father really shoulod consult a probate attorney and get a probate consultation. The attorney can take a look at the deed and other information and help your dad figure out what he really needs to do, and can then help him figure out the best way to get it all done. If you and he don't mind doing a lot of the legwork, then the attorney may be able to just provided guidance and let you do as much as possible on your own. But please don't just try to DIY this, and please don't just do nothing and assume all is fine.   Best wishes to you and your father.    
Answered on Nov 29th, 2021 at 5:15 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters