Q: My father passed away and no will. He lived in Texas but inherited his father's home in Tenn. He is married but seperat
ed. I was told in Tennessee I had to settle estate here in Texas but Texas is telling me that I have to do it in Tennessee. The deed to the Tennessee property is still in my dad's deceased father's name(my grandfather) I am the only child .What is the right thing to do...
A: If any of the heirs are wanting to sell the home quickly, then you will need to probate both your grandfather's estate and then your father's estate. If you all plan to hold the property for many years, then this can be handled with affidavits of heirship. Neither of these are do-it-yourself projects, especially as you are out of state. You should hire a Tennessee probate attorney for assistance.
If you have not done so already, you will need to obtain death certificates for both your grandfather and your father as they will be essential to either process. Order more than one for each because it takes a while to get them and you never know what else might pop up.
A: The Intestate Succession Law of Texas will probably control, which may or may not involve the surviving spouse. She may be a problem, but I do not know Texas Law. The Affidavit of Heirship must be executed in conformity to Texas Law unless your Father had a substantial relationship with Tennessee where Tennessee Law could possibly control. Either way a comprehensive Affidavit by someone who knew your Family will be necessary. A completed Probate takes a long time in Tennessee, but upon completion will make the Sale Price higher usually. And keep in mind real property rarely goes through an Estate.
Without Probate, and Texas would be the venue, it might be harder to sell, but you just wait till you find a buyer. I recommend hiring a competent Tennessee attorney.
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