Legal Question in Wills and Trusts in Georgia

My wife and I owns real estate in GA, was NOT recorded as 'joint tenant' but as 'FEE SIMPLE' we have 3 grown children. Can I sell the property without the childrens consent or signing? She did NOT have a will.http://www.lawguru.com/legal-questions/georgia-wills-trust-probate/probate-required-will-state-georgia-635489084/a/#


Asked on 6/08/13, 5:56 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your post makes no sense as posted. Repost it. In one sentence your wife is alive. In another you implied she died. Is she dead or alive? Is the property held as joint tenants or tenants in common? And what exactly are you asking? And what is the weblink you posted?

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Answered on 6/08/13, 6:13 pm

First, is your wife alive or dead? If she is dead, how did you own property? Fee simple just means that you it outright. Property if owned by two or more people is owned either as tenants in common or a joint tenancy. If the deed contains magic language indicating a right of survivorship, then the land will pass to the surviving owners when one dies. If the land is deeded to you and your wife but there are no rights of joint tenancy with survivorship (it could say to Husband and Jane Doe, his wife, with right of survivorship) or similar language that is enough. If the deed is to husband and Jane Doe, his wife then the husband and wife are joint tenants, but upon the death of the wife then her share would pass via her will or the intestacy laws. If she lived in Georgia at the time of her death, then her share in the land would pass to you and the children. If there are 2 or more children, then the division of your wife's share of the property would be roughly 1/3rd to you and 2/3 to the children. So yes, in that case, your children would have to agree and sign.

I suggest that you consult with a probate attorney who practices in the county where you and your wife lived at the time of her death. An attorney can review the deeds and confirm how the land was owned and whether probate is necessary. If so, an estate will have to be probated before you start disposing of assets.

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Answered on 6/10/13, 12:36 am


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