Q: Must the deed registry be notified of death of spouse for co-owned real estate before that property can be sold?
Mom died in 2015. Dad became sole owner. He thinks the executor of her will must have notified the deed registry of this fact. However, her name is still on the property tax roll along with his. He is not sure if he has to do anything before selling or just take her will and death certificate to the lawyer when the sale will take place. The sale will be direct without real estate agent.
A: It depends on exactly how the property is titled. I would contact the attorney who handled the estate.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (865) 637-3035
- View Profile
- Answered
A: More than likely Dad became the owner as the Surviving Tenant By The Entirety. That is the land probably did not go through her Estate. The lawyer involved should have already inquired of you all about how you got the property. You will probably need an Affidavit of Heirship to prove your Father's source of title. Calling the Register of Deeds has nothing to do with anything. I would hire my own attorney to draft the Deed with a proper derivation of title clause and conduct the execution of the Deed. At least call a competent attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
