Anyone know about Georgia law? I am not on the deed to the house, (the atty was supposed to put me on their at closing, but forgot.) We bought the house a year ago. So if something happens to my husband can my adult stepdaughter take the house from me?|||If you are married it would go to the surviving spouse, you can easily have the attorney add your name to the deed at this point for a nominal fee . . . .and sleep better at night.|||No, you are his legal wife. You'll have some claim to the house. What is in your husband's will?|||Your lawyer has committed malpractice and should be eager to fix this.|||She CAN- if Your Husband states she can have It- in his Will. But that request MUST be in WRITING !|||Why don't you have your husband put you on the deed now? It is a simple process. It might be a good idea to be on the loan too as you would have to sell the property even if your name was on the deed. You can not just keep making payments on" his loan" after his death. If and when your husband passes all his assets, not considered community property, would probably have to be handled by probate court. I suggest you both speak with a family law attorney now and prepare a trust and a will to protect the estate from owing high taxes and to provide a smooth and legal transition for the transfer of assets. Good luck|||yeah if her dad signs the papers saying If anything happens to me my house should be given to my daughter...but even if he doesn't sign anything the house automatically goes to his daughter!|||What would cement your ownership of the house is a WILL properly drawn up.
You make no indication of whether he left a valid will.
Although I don't claim to be a lawyer, the fact that you are married and, even if he died intestate, it would seem overwhelmingly to me that you are the owner of the house UNLESS the stepdaughter could PROVE a legal case that she had an economic interest in the case; for example, if she could prove she was making house payments or made a large down payment.
Frankly in almost all states, if the realtor knows the party is married, the house can't be bought unless both a husband and wife sign all the papers.
I would recommend you gain a detailed letter from the Realtor that he failed to include you in the closing. I am also assuming you and your husband have a valid marriage certificate, of course, with all due respect.
If anything, pay a couple of hundred dollars to a real estate atty ASAP and get good, frank legal advice!!
Does this help, yes or no%26gt;?|||I recommend you call the closing attorney on your HUD-1 and demand them to place you on the deed.
I am not a lawyer therefore this is not legal advice
Usually when deceased the estate will go to towards the spouse then the next of kin
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