Legal Question in Wills and Trusts in Georgia
Is a home considered community property without both names on the deed?
My stepfather passed away more than a year prior to my mothers' death. Now I'm hearing that my stepfather had a will with a trust that states that all his assets including their home for over 40 years, are to be split up with 45% each to his 2 children and 5% each to myself and sister from a previous marriage. I have no problem with any asset except the home which was only in his name on the deed. I want to know if the house was supposed to automatically go(Survivorship)to my mother upon his death leaving her as the sole owner until her death even though her name wasn't on the deed. If so, I also read somewhere that community property can not be included in the Trust, but is it considered community property although married but without her name on the deed and if so would that invalidate the Trust? The house is to be sold next month and they are only asking that his two children sign to sell the house. It looks to me that it should be all 4 of us signing any legal papers to sell the house due to the fact that we're all named in the Trust. Thank You.
1 Answer from Attorneys
Re: Is a home considered community property without both names on the deed?
Georgia does not have community property. If the house was in one name, it passes to the heirs (in this case as named in the will). The spouse may have had (or have) a claim for years support.
The surviving spouse can take that years support share instead of accepting whatever she inherited through the decedent's Will. She should have seen a lawyer right away about that (and still may have the ability to do something depending on what she has or has not done).
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