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Bambi_Girl

Who owns the property?

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My dad and mom purchased property in the Georgia, but live in NJ. My dad died.  The deed is in both my parents name.  In the state of NJ, the ownership goes to my mom.  Is there a different law in the state of Georgia? Does the title transfer to my mother?  She has been paying the taxes on it.

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It depends on how the deed was worded.  If the property was owned by your parents as joint tenants with right of survivorship or as tenants by the entireties you mother owns the property.  If they owned it as tenants in common she probably inherited your father's half interest when he died unless there was a will that disposed of the property to some one else.  The very high probability is that your mother owns the property.

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22 minutes ago, Bambi_Girl said:

In the state of NJ, the ownership goes to my mom.

 

I'm not sure what this could possibly mean.  Nothing in the laws of New Jersey has anything to do with the ownership of property in another state.  If you were trying to say that, if the property were in NJ, your mother would inherit your father's interest, that's probably true, but not necessarily.

 

 

24 minutes ago, Bambi_Girl said:

Is there a different law in the state of Georgia? Does the title transfer to my mother?

 

First of all, it depends on what the deed says.  You wrote that "[t]he deed is in both [of your] parents[']" names, but it matters whether they held title as tenants in common, joint tenants, or something else (note that, while NJ recognizes tenancy by the entirety, GA does not).  Depending on how the title is held, it may be relevant whether your father had a will and, if so, what the will said (either about this property specifically or about real property in general or about his estate in general).  If he had no will and your mother doesn't "automatically" take title by virtue of how the deed was worded, then the intestate succession law (i.e., the law that says who gets what when a person dies without a will) applies.

 

Your mother would probably be well advised to consult with a probate attorney to make sure that your father's estate is handled properly.

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Hi @Bambi_Girl

 

Welcome to the community and thanks for posting. Sorry for the loss of your dad. As other posters have mentioned, the line of succession of the property will depend on exactly how the property is held on the deed (for example, if it is held as joint tenants with right of survivorship). Did your father have a will or trust in place when he died?

 

The FindLaw.com Team

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