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Did you Leave Property to More Than One Person Jointly in a Will?

Suppose your Will leaves real estate for any other property to two or more people jointly. In that case, the Georgia Court of Appeals has determined that such a device is to the beneficiaries as tenants in common. This means that each of the beneficiaries owns an undivided interest in 1/2 of the property. If and when one of the beneficiaries passes away, the 1/2 interest they own goes to their heirs, not to your other beneficiary.

Suppose you intend to leave your property to people jointly. In that case, you need to decide whether you want it to pass to each of them as equal owners or as joint tenants with the right of survivorship, meaning that when one dies, the other becomes the exclusive owner of the property.

If you need your Will reviewed for problems such as this, please call the attorneys at Robert W. Hughes & Associates.

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