Survivorship

[Charlie259]

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

When my father died in 1998 he was the sole owner of his property - by that I mean that my mother was never named as co-owner of any of their properties, neither they joint home or personal real estate. Everything 'they' owned was in his name.

In his will he left everything to his grandchildren. His will was never challenged and I was not involved in the distribution/probate process so I really don't have information on that.

I am their daughter and am not interested in the real estate properties per se - my mother has bequeathed to me her pears and formal china and that's all I need to remember her by, but I wonder if legally he could bypass her entirely like that.

She is living in the home but is not physically doing too well... but she prefers to be there so we are honoring her wishes as best we can. (myself and my two brothers).

My question is.... does she 'legally' own the property per right of survivorship? And if so, can she in HER will distribute the property as she wants - or does my dad's will supersede what she wants to do?

Thanks.

 

[Mass_Shyster]

I wonder if legally he could bypass her entirely like that.

It appears that Georgia allows a disinherited spouse to claim whatever s/he would have been entitled to if there was no will (equal share of property with deceased's children, but at least 1/3).

I beleive it is now too late for her to try to claim that.

My question is.... does she 'legally' own the property per right of survivorship? And if so, can she in HER will distribute the property as she wants - or does my dad's will supersede what she wants to do?

No. She does not own the property.

 

[Charlie259]

So there is no need... and really she has no right to leave a will for the property? But she can distribute the belongings?


Thank you so much for your help.

 

[curb1]

How does the title of the property read (exactly) at this time?

 

[anteater]

Was your father's will ever probated and estate administered? Who legally owns the real estate now?

But she can distribute the belongings?

You mean her personal property? Sure.

 

[Charlie259]

Was your father's will ever probated and estate administered? Who legally owns the real estate now?

You mean her personal property? Sure.

I will need to ask my older brother who was the administrator of our Dad's will that question. I haven't really been involved in any of this, the question has just come up because our mother is doing so poorly physically and she has some concerns about what she can and can't do. She has a will, but I've always questioned whether she had the right to stipulate any specifics on the property itself.

My brother says yes..... but as I say I wasn't involved when my dad died so I don't know.

I've asked him to consult with a local attorney but he keeps putting it off. (Which is a BAD thing I know)

I do know the property taxes were in her name when I helped her pay them this year.

Again, my thanks. I guess, though, I need more information to answer some of these questions. I'll see what I can do about that.

 

[curb1]

If the taxes were in her name, there is a decent chance that the property is titled in her name. Call your courthouse to find out about the exact wording of the title.