Category Archives: General
When a Transfer on Death Deed Is Not Enough
In Georgia, Transfer on Death (TOD) deeds became effective July 1, 2024, under O.C.G.A. § 44-17-1. They allow a property owner to retain full control during life, revoke the deed at any time, and pass real estate automatically at death. However, beneficiaries have no rights until death and must file an affidavit within nine… Read More »
Why Title Matters
Real estate can be owned in several different ways. The form of ownership, or how your property is titled, can determine how much control you have over it, how vulnerable your property is to creditor claims and lawsuits, and what will happen to it at your death. Individual Ownership One of the most common… Read More »
Myths and Frequently Asked Questions Estate Planning When You Own Real Estate
Myth 1: If both spouses’ names are on the deed to their home, the house will automatically avoid probate when the first spouse passes away. Many people may assume that if both spouses are listed on the deed, their home will automatically pass to the surviving spouse without involving the court-supervised process known as… Read More »
Does my Spouse’s Citizenship Affect my Estate?
Noncitizen spouses are treated differently than US citizen spouses for estate and gift tax purposes. They do not get the unlimited marital deduction. Married US citizen spouses can generally transfer unlimited amounts of money between each other during life or upon death in various qualifying ways without any gift or estate tax concerns. This… Read More »
Ancillary Probate: When It Is Used, Where It Occurs, and How to Avoid It
Many people own property in more than one state, such as an ocean-side vacation home or a rental property in a former home state. It is important to think about how that property will be handled after you pass away. Through proper estate planning, you can help minimize the burdensome court proceedings your loved… Read More »
How to Own Your Real Estate
Your real estate encompasses not only your primary residence but also any vacation homes, rental properties, or even vacant land you may own. The ideal form of ownership varies depending on the type of property and your individual circumstances. Your Primary Residence How you own your primary residence affects your control over it while… Read More »
Can a Non-U.S. Citizen Create an Estate Plan in the U.S.?
The United States has experienced a surge in immigration since 1970, and there are now approximately 45 million foreign-born people living in the United States. Some of them have become U.S. citizens, but many non-citizens live in the United States as well. In 2019 alone, approximately 1,031,000 foreign nationals obtained lawful permanent resident status.[1]… Read More »
Planning for Real Estate in a Foreign Country
The allure of a foreign land—perhaps where the weather is milder, the pace of life slower, and the cost of living lower—is a dream for many Americans who want to escape our country’s fast-paced, high-cost living. That dream can become a reality, and a tangible investment, for Americans who purchase a home overseas. Wealthy… Read More »
