Johnson City, TN asked in Estate Planning, Real Estate Law and Probate for Tennessee

Q: grandpa passed in 2003 but his real property was not settled. gramdma just passed what do i need to know and do

grandma has a will

grandpa had 6 kids 4 alive at death and the other 2 has passed on

the real estate is paid for

2 Lawyer Answers

A: Sorry, but you haven't provided enough information to give any kind of answer. Is there a will for either grandparent? How many and who are the heirs/nest of kin? What real estate did they own- is it paid for? insured? occupied by family/tenants? This is probably more than can be answered in this question-answer format.

I strongly suggest you consult an experienced probate lawyer immediately, many offer a free initial consult and you can shop around- talk to more than one.

Anthony M. Avery
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Answered

A: At the very least you will need a title search. Also the full names of each son/daughter must be determined, with the full names of any issue (kids) determined if that son/daughter has died. An Affidavit of Heirship should probably be recorded. Probate of one or both Estates may or may not be needed. I assume that they owned the property as Tenants By The Entirety, but this must be determined and placed of notice in the recorded Affidavit. Hopefully when the Heirs-At-Law are determined, then they can agree about who should own the property outright, or agree to sell it, without a Chancery Partition action. Remember the taxes are always due, and there may be liens that you do not know about at this time.

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