Property Law

How you own property has a lot to do with whether it’s protected from creditors, whether it counts toward public benefits eligibility, and how it’s taxed. As this website grows, we’ll have a lot more to say about property law, but for now, we’ve blogged a few posts to help you think about this subject.

BLOG POSTS

How Do I file a Deed in Georgia?

The first step when filing a deed is to have the deed prepared. Although it is not required, we suggest that you have a lawyer prepare the deed. Where are Deeds Recorded? O.C.G.A. § 44-2-1 provides that Every deed conveying lands shall be recorded in the office of the clerk of the superior court of the […]

What is the Rule Against Perpetuities?

The Rule Against Perpetuities routinely stumps law students and lawyers, and can turn home-made documents into disasters. A deed, trust Will, or other document that violates the Rule Against Perpetuities may be invalid in part or in whole, causing anticipated distributions to be uncertain or preventing them from happening at all.  See Wikipedia: Rule Against […]

Bankruptcy Trustee, not beneficiary, had standing to prosecute breach of fiduciary duty claim

On April 23, 2021, the Tennessee Court of Appeals decided Estate of Shelton D. Ramey, Case No. E2020-00270-COA-R3-CV. The Court’s syllabus is as follows: This appeal concerns a residual beneficiary’s objection to an estate administrator receiving any fees based upon the latter’s alleged breach of fiduciary duty. David Ramey (“Ramey”) is a beneficiary under his […]

Owning Property and Titling Assets

The American College of Trust and Estate Counsel (ACTEC) provides an overview of how property can be owned, including joint tenancy, tenancy in common, tenants by entirety, sole ownership, and community property.

Common Ways to Title Your Home

The American College of Trust and Estate Counsel (ACTEC) discusses common ways to title your home.

What is Joint Tenancy and When Should I Use It?

The American College of Trust and Estate Counsel (ACTEC) answers the question, “what is joint tenancy?”

O.C.G.A. § 53-5-35. Muniments of title to realty

(a) Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the beneficiaries named in the will and such will shall be admitted in evidence in this state as muniments of title without being probated in this state when: […]

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