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In Georgia, you can establish what is known as ?joint tenancy? to transfer ownership of property directly to a family member or loved one after your death. Real estate, vehicles, bank accounts, and other property can be owned jointly in this way, meaning they would not be subject to probate.
When the life tenant dies, the remainderman typically receives a step-up tax basis in the property. This means the remainderman takes ownership of the home at its fair market value at the time of the life tenant's death. This can save the remainderman capital gains tax when the property is sold.
The State of Georgia Transfer Tax is imposed at the rate of $1.00 per thousand (plus $0.10 / hundred) based upon the value of the property conveyed. Example: A property selling for $550,000.00 would incur a $550.00 State of Georgia Transfer Tax.
A life tenant does not have complete control over the property because they do not own the whole bundle of rights. The life tenant cannot sell, mortgage or in any way transfer or encumber the property. If either party wants to sell the property, both the life tenant and remainderman must agree.
The executor will be charged with the duty to cause an ?Executor's Deed? or ?Assent to Devise? to be drafted, executed and filed with the real estate records office where the real estate is located. The ?Executor's Deed? or ?Assent to Devise? formally transfer title from the deceased to the intended beneficiary.
A property owner who creates a survivorship deed for an estate plan typically quitclaims the property to the owner and another person who the owner wants to ultimately own the property?such as the owner's spouse or child.
The executor will be charged with the duty to cause an ?Executor's Deed? or ?Assent to Devise? to be drafted, executed and filed with the real estate records office where the real estate is located. The ?Executor's Deed? or ?Assent to Devise? formally transfer title from the deceased to the intended beneficiary.
Defining a California Life Estate A life estate is a form of ownership that allows one person to live in or on a piece of real property until they pass away. At their death, the real property passes to the intended beneficiary of the original owner.