Regarding my husband who died on 12/22/13 with no will and has 2 grown children We have 2 properties, one primary, one rental, both joint t...

Question

Regarding my husband who died on 12/22/13 with no will and has 2 grown children; We have 2 properties, one primary, one rental, both joint tenants to survivorship; all bank accounts are in both names; only things in his name alone are his 2 pickup trucks, which both are paid for; no debts except for the mortgages; he had no accounts in his name alone except for the trucks. Will the trucks go through probate?

Answer

You may be able to get Georgia to transfer the title to you without going through Probate if you submit an Affidavit of Inheritance.

The form is online: http://motor.etax.dor.ga.gov/forms/pdf/motor/MV_Inheritance_Affidavit_Form_T20.pdf

But if you receive property this way, then it leaves open potential risk that creditors could (in theory) have a claim against you, because their claims did not get properly considered or cut off via the probate action.

Answer

I don't know what the share of your year's support would be. Arguably, at least one of the trucks could be assigned to you to fulfill that.

You really need to consult with a probate attorney before you start using forms to transfer assets.

It sounds like the properties went to you automatically as did the joint bank account. If so, the only thing left is the trucks. But you do not want to start transferring these into your name only to find out from his sons that they are suing you.

Also, you don't mention your husband's possessions. Did he have clothes? Memorabilia of some kind - like sports trophies or war medals? Any guns or other collections of some kind?

Its stuff like this that people have fights over.

There is a simplified process in most states for very small estates. If all there is the trucks, you may be able to use this simple procedure to get the vehicles assigned to you.