Q: Can I use the letter of admin to sell my dad’s home and land? We filed probate already!
The land and home still have both my parents on the title and deed! My mother passed away 5 years ago and dad this past July! He removed her from the cars! The chancery stayed the property isn’t attached to the probate however the title company wants a tenncare release for my mom inorder to buy the property and I do not understand this! My parents didn’t have a will! Answer to your question we were told to file probate because he had two cars in his name! All debts are paid before probate! The chancery said the property isn’t apart of the probate! The title company now wants tenncare release for mom in which neither of them was had tenncare as they made to much money! Moms debt was paid by my dad 5 years ago! We have no issues at all with letter of admin selling the cars and the value of probate is is very small however the chancery said we had to file!
A: Why did you file for Probate? I suspect you attracted problems by doing so, and probably had no reason to file. If the Title Company does not wish to handle the transaction, then find another purchaser. You needed a Title Search, Affidavit of Heirship and then a willing purchaser. But that was without Probate. Now you may very well have brought enough debt collectors notice so that the real property may have to be put up for sale in order to pay off the Estate. There may have been a valid necessity to file for Probate, but you have not stated any and I doubt the existence of any legitimate reason.
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