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Yes, an executor can override a beneficiary's wishes as long as they are following the will or, alternative, any court orders. Executors have a fiduciary duty to the estate beneficiaries requiring them to distribute estate assets as stated in the will.
How Do You Avoid Probate in Georgia? The best way to a avoid probate in Georgia is by creating a revocable living trust for the estate. You can place all assets in the trust and name a beneficiary who will receive those assets after the person is deceased. Another option is by naming a beneficiary outside the will.
Some states also allow a transfer on death deed (also called a beneficiary deed), which doesn't take effect until one party dies, but Georgia does not allow its use in real estate transactions.
Georgia does not allow real estate to be transferred with transfer-on-death deeds.
"Tenants by the Entirety" andThe closest equivalent tenancy in Georgia is Joint Tenancy with Right of Survivorship. Georgia joint tenancy has the benefit of being available to non-married parties and is not limited to two co-owners.
Probate is not necessary in order to transfer the property, but paperwork must prove that the surviving owner holds the property's title. If both parties own real estate together, they will likely have a survivorship deed.
A gift given by means of the will of a decedent of an interest in real property.
1 : to give or leave by will (see will entry 2 sense 1) used especially of personal property a ring bequeathed to her by her grandmother. 2 : to hand down : transmit lessons bequeathed to future generations.
Traditionally, a devise referred to a gift by will of real property. The beneficiary of a devise is called a devisee. In contrast, a bequest referred to a gift by will of personal property or any other property that is not real property.