Q: Can a will in TN supersede jointly-owned house being automatically transferred to surviving spouse?
Woman owned home jointly with husband and recently died. Her will states house should be sold to create trust for her disabled granddaughter, who lived with them. Since TN is a community property state, should the will be probated (just for this) and is it possible to force the husband to sell the home? Would he then get half the proceeds of the sale, with the rest going into trust? The only other reason to probate is a life insurance policy payable to estate, which can be handled by small claims.
A: Tennessee is not a community property State. You do not state exactly how the real property was owned. If it was a Tenants By The Entirety, the property is solely owned by the Survivor. If it was Tenant In Common, then 1/2 goes through her Estate. It may have been something else. Hire a competent attorney to look at the Deed, maybe the Title, and determine whether Probate is needed.
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