Will never probated, dealing with property deed

[allfiredup]

What is the name of your state (only U.S. law)? Georgia

Prior to my grandfather’s death in 2007, my grandparents’ home was co-titled in my grandfather’s, grandmother’s and my step-father’s name as Joint Tenants with Right of Survivorship.

The remainder of their assets were in the form of savings and checking accounts, with the bulk in CDs. All accounts were jointly held with my grandmother.

His will left any and everything to my grandmother.

The will was never probated. His name remains on the property deed as it did before his death, along with my grandmother and step-father.

My grandmother is 93 and her health is declining quickly. She has a will that leaves everything to my mother and step-father.

But how do we (they) go about dealing with getting my grandfather’s name off the deed? With my grandmother’s failing health, my parent’s have expressed interest in adding my mother as the third name on the deed, again as Joint Tenants with Right of Survivorship.

Any advice on how to start sorting this out will be appreciated!

 

[anteater]

Is there a reason why they want to address this now?

Your grandfather's interest in the home passed to your grandmother and stepfather immediately upon his death by operation of law - that is, by the way in which the property was titled. There was no need for probate. Legally, your grandmother and stepfather now own the home as joint tenants with right of survivorship. I don't know the procedure in Georgia, but, generally, all that is needed is to file a death certificate and/or some sort of affidavit with the county department that maintains real property records in order to document the death of your grandfather.

With my grandmother’s failing health, my parent’s have expressed interest in adding my mother as the third name on the deed, again as Joint Tenants with Right of Survivorship.

Is your grandmother still legally competent? Your stepfather can only make a transaction that deals with his interest in the home (and, if he does so, he may sever the joint tenancy with your grandmother if he does not do it correctly). To add your mother as a joint tenant with your stepfather and your grandmother would require your grandmother's authorization and signature.

Overall, your grandmother and your stepfather should consult with a local real estate attorney.