QUESTION

remake deed

Asked on Nov 19th, 2021 on Wills and Probate - Georgia
More details to this question:
my wife passed away would like to take her name off our home deed and put my daughter on it
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on the loss of your wife.   You should consult an attorney who works with probate and estate planning matters. You may not need to do anything to take your wife's name off of your property, but no one can tell you whether or not you will need to without looking at the actual deed. If the deed was written one way, you and she owned it as joint tenants with rights of survivorship and it automatically became yours when she died. If the deed was written a different way, then your wife's interest in the property is now in her probate estate, and you have different options for how to proceed with the estate, but you will need to do something.   As for putting your daughter's name on your property, you should get good estate planning advice before doing any such thing. The general rule is that you should NEVER, never, never, never add a child's name to your home. Never. Never. It creates both gift and income tax issues, it exposes your home to your daughter's potential problems, and it may prevent you from being able to access needed benefits for your own long term care someday. That said, if, after a consultation with an experienced estate planning attorney, you really still want to do it, you will need to get a deed drawn up. You should not try to do that yourself- doing a deed yourself is the easiest way to make sure that you can't sell or borrow against the property in the future because you've messed up the title.   Best wishes to you.  
Answered on Nov 22nd, 2021 at 4:49 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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