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Can right of survivorship be "destroyed" w/out both parties' consent?

Atlanta, GA |

If 2 people inherit land w/right of survivorship (free & clear) & first party on deed was also previously executor of estate, does he later have the right to destroy survivorship clause on original Executor's deed w/a quitclaim deed w/o the second party's consent ? (This is in Georgia.) Thank you.

Attorney Answers 7


  1. Best answer

    I agree with my colleagues, as to Georgia law. In many other states, this cannot be done. In my state, for example, rights of survivorship cannot be destroyed or severed without consent of all parties. A court cannot partition such property, either. That makes setting up title in this manner a very serious consideration.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. Yes. A joint tenancy can be converted to a tenancy in common by one party's transferring his or her interest, even if the other party does not consent.

    This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.


  3. Yes-one person can change the survivorship to tenants in common(1/2 outright ownership).

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  4. I agree with Attorneys DiSalvo and Pippen. One party may execute and record a valid deed which will destroy the titling of "joint tenants with right of survivorship."

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


  5. Yes. This happens on a regular basis.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  6. It is possible to negate a right of survivorship with a properly drafted deed.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  7. A joint tenant with rot of survivorship could deed their interest in the joint property to another person or entity. The new owner would own the property as a tenan in common with the othe owner(s). This men's that when a co-owner dies the property will not pass by operation of law law to the remaining owner(s). Instead, the property will pass by will (if there is one) or pursuant to GA law.

    Joint ownership can be tricky. I suggest spending a fe dollars on good professional advice.

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