Can I switch a deed into my name that was in my boyfriends name who is deceased.

Asked over 2 years ago - Jonesboro, GA

My boyfriend was killed and his name is the only name on the deed how can I get the deed switched over into my name or my daughters name because he doesn't have a will.

Attorney answers (4)

  1. Alan D. Walton

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . You will need to open a probate estate. The court will determine who his heirs were. Since you were not married, you have no interest in his estate. Unless your daughter was also his daughter, she would not have an interest either. If she is his daughter, she might. Only a probate court can determine who the successor to a deceased person is, and transfer their interest to a living person.

  2. Frank Wanner Wagner III

    Contributor Level 11

    2

    Lawyers agree

    Answered . The other attorneys are correct; right now you really have no claim unless he specifically named you in a will. In GA, the property would first go to a spouse; then probably go to his parents, then to brothers/sisters, etc., in that order on down the line. Of course if your daughter is HIS daughter, perhaps you could try to establish a claim as well. Did you pay the mortgage, contribute to costs? Any/all of these may help your case but at the end of the day, you need to find an attorney who can assist you. Find someone who knows probate law; probably best to find someone who knows/operates in Clayton County. Good luck; sorry for your loss.

    Just plain over-the-counter commentary, no lawyer-client relationship created. Seek your own counsel for true '... more
  3. Adam Matthew Hopkins

    Contributor Level 8

    2

    Lawyers agree

    Answered . Did your boyfriend by any chance have a will? The way to do it is through probate whether or not there is a will as the previous attorney mentioned. The problem is whether or not you will have any rights to remain.

    I suggest you speak with an attorney to see what your options are and flesh out the facts a bit.

    Good luck.

    I am licensed in Massachusetts. Any advice I provide is for informational purposes only and in no way constitutes... more
  4. Leonard Komen

    Pro

    Contributor Level 15

    Answered . You didnt mention how the title named you and your boyfriend. If you were named as "joint tenants with right of survivorship", then all you need to is file an appropriate Affidavit with the recorder of deeds in your county to "clear title" in your name.

    Without that language, you would hold title called "tenants in common" meaning his half can be severed or "divided" from yours. He could have sold his interest during his lifetime without your consent. On his death, his share goes to his heirs, either as named in a Will, or as a matter of Georgia law without a will. A probate case must indeed by opened. As part of that proceeding you would file what in Missouri is called a Partition Suit. The court would order the property sold and give to you not only your share but an additional monetary share representing your additional contributions to the value after it was purchased. If only your money was used to purchase it, you might be able to claim the entire property. In any event you most certainly need an attorney in your area.

    This comment does not create an attorney-client relationship. The law and its application by the courts is... more

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