If me and my spouse own real estate
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If me and my spouse own real estate
Can I leave my portion to my adult children in a will ?
Asked on November 29, 2016 under Estate Planning, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you own the real estate as joint tenants with right of survivorship--the common way spouses jointly own land--then if you predecease your spouse, it instantly and automatically becomes hereas the surving joint tenant; and if you predeceases you, it likewise becomes yours. So you cannot leave jointly owned land to your children, because it will go to your spouse. Separately owned land, or real estate otherwise owned in such fasion as there is no right of survivorship, can be willed to your children.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.