QUESTION

I've got a will already and it states that should I die, my spouse will get my property. However, when I purchased the house it was done in my name.

Asked on May 19th, 2014 on Wills and Probate - Georgia
More details to this question:
Should I pass, will she obtain the house or would this go to probate? If so, would a quick claim deed resolve this issue?
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
If your Will states that your spouse is to receive your assets when you die, then she will receive the house if you are the sole owner of the house at your death. It will go through probate, but in Georgia probate is neither expensive nor all that difficult, as long as no one is fighting over what you're doing. Also, depending on the situation, your spouse may be able to request that the house be awarded to her as a "year's support" claim, which could produce a nice property tax break for a year. You should not simply do a quit claim (note: it's quit claim, not quick claim) deed. What you should do is meet with an experienced estate planning attorney and get a review of your situation, to determine whether everything is set up as well as possible for both you and your spouse. This is not a good forum for asking specific questions about what you should or should not do.
Answered on May 19th, 2014 at 4:04 PM

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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