Legal Question in Wills and Trusts in Georgia

My husband and I have put everything we own in both names as co-owners. When one of us dies will Probate Court have to be involved? Also, we both have wills leaving everything to the other one.


Asked on 7/31/09, 4:35 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Anything that you may not have covered may still be the subject of probate. The typical things you can do to avoid probate are: joint checking account, title your home in both your names as "JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP", both names on car titles and some others. Please free to give me a call about this.

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Answered on 8/05/09, 4:51 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Items that lack titles may still require probate. There may be other reasons for a probate, such as guardianship of minors, preparation of tax returns and so on. The issue of whether to probate or not will depend on facts not known until death.

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Answered on 8/05/09, 10:43 pm


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