Q: My husband & his sister as tenants in common of their parents property. He died 12/2018. We want to sell I am his heir.
We are in Sumner Co, TN. Their mother quick claimed the property to her children as tenants in common before she passed away over two years ago. The title company said I have to probate his will to collect my share of the proceeds. If not they will hold my half of the proceeds for a year then divide it between myself and our 3 children. Is this accurate? I have learned that probate is very costly to hire a lawyer! I do have his will naming me as heir. Then it goes to our children if I die. Deed states him or his assigned heirs. There was no secured debt other than the mortgage on our house which I am paying, but there was unsecured debt. How does that affect all of this?
A: You are probably only a Tenant In Common with your Children as Heirs at Law of your Husband's real property. If the Will is not Probated it means nothing. By the end of May it will be difficult for anyone to go against his interest in the real property. You and your Family may wish to request a Partition Sale if you cannot agree. If the Buyer does not want the property, find another Buyer and/or Title Company. It would be best to sell it in 2020 where virtually no creditor could come forward. Whoever does not want the possibility of a creditor coming forward should deed their interest to the other Tenants In Common.
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