If me and my spouse own real estate

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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 4 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.


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