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?The essence of a Bane Act claim is that the defendant, by the specified improper means (i.e., 'threats, intimidation or coercion'), tried to or did prevent the plaintiff from doing something he or she had the right to do under the law or to force the plaintiff to do something that he or she was not required to do ...
Georgia recognizes joint tenancy with right of survivorship as a common form of joint ownership. This form allows multiple people or entities to own a title interest to the property, and comes with various rights and responsibilities.
A renunciation must be made by a written instrument that describes the renounced property, declares the renunciation and the extent of it, and is signed by the person making the renunciation. The day on which the person making the renunciation reaches the age of 21.
If one of two owners of property held in a JTWROS dies, ownership is transferred automatically to the remaining owner. This is called a right of survivorship. Unlike a tenancy in common, a co-owner cannot transfer their interest in property owned subject to a right of survivorship without destroying the right.
Although not restricted just to married couples, survivorship rights are useful where the intent is, should any co-tenant pass away, that interest should go to the surviving co-tenant(s). In Georgia, the benefit of a joint tenancy is entirely avoiding the probate process.
The right of survivorship means that a deceased co-owner's ownership interest in the property automatically passes to the survivor upon the deceased owner's death?with no need for probate.
Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together.
Georgia's Anti-Lapse Statute only applies to descendants of the testator or the grantor.