QUESTION

Farm own by my father and I upon his death

Asked on May 11th, 2016 on Wills and Probate - Georgia
More details to this question:
Do I now own his half
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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You need to look at the deed.  If it is a joint tenants with right of survivorship, you own the entire farm.  If you were tenants in common, you only own the half you owned before his death and the other half will need to go through probate.
Answered on May 12th, 2016 at 5:49 AM

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Wills Attorney serving Alpharetta, GA
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The answer to that question depends on how you and your father own the property. If you own it as joint tenants, then his interest would automatically transfer to you at his death, if you survive him. However, if you own it as tenants in common, then your father's interest would simply become part of his probate estate at his death, and ownership of his interest would then be controlled by the terms of his Will (if he has a valid Will that is admitted to probate after his death) or by the intestacy laws of the state where the farm property is located. In Georgia, the form of ownership is determined by how the deed is written. If the deed to the property states specifically that the two owners own the property "as joint tenants," "with rights of survivorship," or something similar that very clearly states the intention for the property to transfer automatically to the surviving owner at the first owner's death, then the property is held as joint tenants and transfers automatically. However, if the deed to the property does not a contain wording specifically stating that the property is to be owned as joint tenants or with rights of survivorship, then the property is held as tenants in common. In other words, the default form of joint ownership for real estate in Georgia is tenants in common, under which interests do not transfer automatically at death. In order to answer your question about whether your father's interest became yours as a result of his death, I (or any other attorney) would have to review the actual deed to the property. You should schedule a consultation with an attorney, preferably one with real estate or estate planning experience who is licensed in the state where the property is actually located, and have the attorney review the deed to the property.  Please note: there may actually be more than one deed. For example, if your father originally purchased the property in his own name and then transferred an interest to you, there could actually be two deeds that show the current property ownership. Best wishes to you.
Answered on May 12th, 2016 at 5:31 AM

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

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