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John Jeffery Scroggin's Answers

John Jeffery Scroggin
Roswell Estate Planning Attorney.
Contributor Level 3

3

Attorney answers:

  1. John Jeffery Scroggin
  2. Robert W. Hughes Jr.
  3. Michael Davidov

How is an estate split if someone dies without a will? They were only married ~3.5 years. There is premartial property.

Asked by a user in Hephzibah, GA - over 1 year ago.

When someone dies without a will (e.g., dies "intestate"), the manner in which the assets are owned, any beneficiary designations and the Georgia statutes will govern how their assets pass. The time period that the couple was married does not generally matter. The laws governing intestate estates will include all pre-marital assets – assuming there was no pre-nuptial agreement. You don't provide enough facts to reach a legal conclusion. For example: (1) Did the decedent die with any...

4

Attorney answers:

  1. Robert W. Hughes Jr.
  2. Loraine M. DiSalvo
  3. John Jeffery Scroggin
  4. Steven J. Fromm

How to get property taken out of mother's name if she didn't have a will

Asked by a user in Elberton, GA - over 1 year ago.

The first thing to do is look at a copy of your mother's deed to the house and see if it only names your mother as owner, or names your mother and sister as "Joint Tenants with Rights of Survivorship." If the title is Joint Tenants with Rights of Survivorship, it may not be necessary to probate the estate if the house was the only asset owned by your mother. If the house is solely in your mother's name: (1) If you mother has a will, it will need to be probated, Once an Executor is named,...