Fill and Sign the Enhanced Estate Deed Form

© 2016 - U.S. Legal Forms, Inc.       GEORGIA ENHANCED LIFE ESTATE WARRANTY DEED (a.k.a. Lady Bird Deed) [ Individual to Three (3) Individuals ] Control Number: GA-05-83 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Georgia, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common or Joint Tenants with Right of Survivorship. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as Tenants in Common ,” III. NOTE ON FILING THIS FORM You must fill out a real estate transfer tax GSCCCA PT-61 form online, print it out, and file it along with the quitclaim deed. You can find the transfer tax form at: http://www.gsccca.org/efiling/pt61/ IV. WITNESSES AND THE NOTARY Georgia requires that the deed be witnessed by an “unofficial witness” and a notary. V. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the state of Georgia. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENHANCED LIFE ESTATE WARRANTY DEED [ Individual to Three (3) Individuals ] After recording, return to: Name:       Address:       City/State/Zip:       STATE OF Georgia County of       THIS INDENTURE , made the       day of       , in the year       , between       , of the County of       , and State of       , hereinafter Grantor, and       ,       ,       , hereinafter Grantees. WITNESSETH : That Grantor for and in consideration of the sum of ONE AND NO/100 DOLLAR ($ 1.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, cash in hand paid, the receipt of which is hereby acknowledged, does by these presents GRANT , SELL AND CONVEY to Grantees, as       , subject to the Reservations and Permitted Exceptions, all the right, title, interest, claim or demand which the Grantors have or may have had in and to the following described real property interest , to wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Enhanced Life Estate Warranty Deed Page 1 of 3 with all the rights, members and appurtenances to the said described premises in anywise appertaining or belonging. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. All unpaid taxes and assessments for the year       and all subsequent years. 2. All liens, encumbrances, easements, reservations, restrictions, covenants, easements, zoning ordinances, matters of survey and conditions of record in the County Clerk Official Records of       County, Georgia, affecting the Property. 3. GRANTOR reserves unto herself , for and during her lifetime, the exclusive possession, use, enjoyment, and right of income of the property described herein. 4. GRANTOR further reserves unto herself , for and during her lifetime, the right to sell, lease, encumber by mortgage, pledge, lien, or otherwise manage and dispose, in whole or in part, or grant any interest therein, of the property described herein premises, by gift, sale, or otherwise so as to terminate the interests of the GRANTEES, as GRANTOR in her sole discretion shall decide, except to dispose of said property, if any, by devise upon her death. 5. GRANTOR further reserves the right to cancel this deed by further conveyance, even to GRANTOR, which may destroy any and all rights which the GRANTEES may possess under this deed. GRANTEES shall hold a remainder interest in the property described herein and upon the death of the GRANTOR, if the property described herein has not been previously disposed of prior to GRANTOR’S death, all right and title to the property remaining shall fully vest in GRANTEE as sole owner subject to such liens and encumbrances existing at that time. If GRANTEES take the property as tenants in common, the share of any GRANTEE not surviving GRANTOR will pass under that GRANTEE’S estate. If GRANTEES take the property as joint tenants with the right of survivorship, the share of any GRANTEE not surviving GRANTOR will be divided between the GRANTEES surviving GRANTOR. IN WITNESS WHEREOF, the Grantor has signed and sealed this deed the day and year above written. Signed, sealed and delivered in presence of: Unofficial Witness Signature of Grantor       Notary Public Print or Type Name My Commission expires: [NOTARIAL SEAL] Enhanced Life Estate Warranty Deed Page 2 of 3 Name and address of the Grantor: Name and Address of Grantee: Name:       Address:       City/State/Zip:       Name:       Address:       City/State/Zip:       Name and address of the Grantee: Name and Address of Grantee: Name:       Address:       City/State/Zip:       Name:       Address:       City/State/Zip:       Enhanced Life Estate Warranty Deed Page 3 of 3 EXHIBIT A Grantor:       Grantee:                   Legal Description:       Enhanced Life Estate Warranty Deed Exhibit A