My husband and I owned everything jointly, and the only thing I am concerned about is the home. We bought it back in 1990, and there is no language regarding joint tenancy or survivorship. I was told that without this language, I have to probate the will to have the house put in my name. I inherit everything under the will, but I'd like to avoid probate. Can I?
Estate Planning Attorney
My condolences to you on your loss. I am going to assume that you and your husband had your primary residence in Georgia. If your deed does not specifically state that you and your husband owned the house with rights of survivorship, as "joint tenants" or something very similar, then yes, you probably need to probate the Will to transfer the house to yourself. I very strongly recommend that you consult a lawyer to ensure that you know what to do and how to proceed.
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.
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Estate Planning Attorney
I agree with Ms. DiSalvo and based on her answers to questions on AVVO she is very thorough and knowledgeable.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
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Divorce / Separation Lawyer
You definitely have to do a probate. You want to meet with an attorney because there may be some simplified means to handle this. If he had children they also share in his part of the home. You can't avoid probate, but the good news is that there may be several options in probate court - years support (if he died less than two years ago), a regular probate, or a no administration necessary. The wrong choice can be costly, so step one is to see a lawyer.
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