Johnson City, TN asked in Probate for Tennessee

Q: does a will have to be probated to claim part of property in another name

a will was made that gives her portion of her husband land to another

does the will need to be probated to claim her part

I heard her part will revert to the other parties that own the land if the will is not probated

Related Topics:
1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Your question is not clear. But generally a Will must be probated to have any effect at all. Otherwise it means nothing, and the Heirs-At-Law take the real property, with the personal property going to the Next-Of-Kin, all by operation of law, nothing else being required. You may have to Probate the Will, t hen sue to Quiet Title or even Ejectment. It could be difficult and expensive to claim one's ownership of land. If a Tenancy In Common of an Undivided Interest is shown and properly asserted, the owner of the interest may have to sue for a Sale for Partition.

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.