Legal Question in Wills and Trusts in Georgia
Ga & AL property
Reside in Ga(right of survivorship)but have property in Al with spouse name on AL deed. If spouse & I do a GA will & get durable POA & gen. POA & we each give everything to each other will this take care of AL property should I need to sell property or should both spouse names need to be on AL deed?
Asked on 3/02/07, 11:12 pm
1 Answer from Attorneys
James Swain
Swain Law Firm
Re: Ga & AL property
NO, your will and POA will not have any effect on the deed. The will will give the property to the spouse but it will have to go thru probate court to pass to the spouse. If you want to avoid probate you need to change the deed. Also check your Georgia deed. It must say right of survivorship, just because you are married does not mean the deed will be pass by right of survivorship.
Answered on 3/04/07, 7:55 pm
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