Rockwood, MI asked in Real Estate Law for Tennessee

Q: I want to sell my house that was willed to me. I never had the deed switched and there were liens 14 yrs ago.

Can i close on the house with the will as proof of ownership? I don't see the point in probate since i am the only heir and it's clearly willed to me.

There were also liens on the home 14 years ago that have dropped off. Can those liens be claimed again after 14 years or, are they no longer viable liens? One was a nursing home and another possibly tenncare. None are showing up on the counties records as of now.

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: If the Will was not Probated, then it has no effect, and hopefully you take as the Heir-At-Law. You will need an Affidavit of Heirship filed at the Register's Office for a source of Title. Liens usually come about only as a Judgment, grantor agreed filings or certain certain government agencies that can place Liens without first obtaining Judgments. You need a competent attorney to perform a Title Search and then decide what to do from there. If there are Liens, then you take subject to. But they are effective for ten years unless extended. Sometimes you clear the Title

through a Foreclosure Sale or a Tax Sale. Do not go to a title co.

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