QUESTION
Wife moved out 15 years ago for another lifestyle, never divorced, and has passed away, can I get a clear title to my house without probate?
Asked on Mar 06th, 2017 on Wills and Probate - Georgia
2 ANSWERS
4 Awards
The answer to that question depends on a lot of factors, and your question does not provide enough information to give you an answer. In addition, this forum isn't really suited to answering questions about actual situations. As the first response stated, if you owned the house with your wife as joint tenants with rights of survivorship, then you may already own it. But if you don't own it as joint tenants (and to tell that, you have to look at the actual deed under which you and she held title), then you may need to take other steps. What those steps may be will depend on other factors, including, just by way of example, include whether or not she had a Will and whether or not she had children. You should really consult an attorney in person, with a copy of your deed in hand. It will be much easier for someone to help you with this question in person.
Answered on Mar 08th, 2017 at 9:28 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.
Maryellen Sullivan
The answer depends on how the house is owned. If you and your wife are listed on the deed as joint owners with rights of survivorship, then the house became solely yours upon her death and you did not need further action. Obtaining a copy of her death certificate or some proof of death will be helpful to have when you go to sell the house to prove that she is dead.
If you owned the house as tenants in common or some other form of ownership besides joint tenants, then her share needs to be transferred to her heir under the probate process. Probate is undertaken in the county where your wife was resident, and her share in the house would be distributed in accordance with her Will or the laws of intestacy there if she did not leave a Will. As her husband, you have some rights of inheritance under intestacy but may not if she has omitted you in her Will. Good luck.
Answered on Mar 06th, 2017 at 8:58 AM