Q: Father was sole heir of his late parents’ property, but he died (intestate) with property still in their name
How would I get the deed into my name, as my father's heir? His estate is currently in probate, but he property in question is not part of his estate, as it is not in his name. Would I file a muniment if title for my grandparents’ property? And is a muniment a separate thing from his probate?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Tennessee
- (865) 637-3035
- View Profile
- Answered
A:
The deceased Father's interest in the real property could still be brought back into the Probate Estate if it is insolvent. More importantly you need to do a Title Search, determine who the Heirs of the Grandparents were,
who the Heirs of your Father were, then someone with this knowledge should make an Affidavit of Heirship. The sworn/sealed instrument is recorded and becomes the source of title for the Heirs-At-Law. Note
payments and taxes still have to be paid by someone.
1 user found this answer helpful
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.
