Lexington, KY asked in Civil Litigation and Estate Planning for Tennessee

Q: My father passed with no will my siblings agreed to me be being executive of the estate

It is also agreed that I can keep the house if the mortgage company allows and all the contents.My father had three step children that are pushing me to probate. I know they have no legal right to anything in his estate but I'm ok with them getting things they want and that goes for all. Is there even a need to probate or can we just settle it another less costly way ?

1 Lawyer Answer
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You have not stated a need for a Probate Administration. But if the Estate is large enough, or there are certain type of assets, then Probate may be necessary. Consult with a competent attorney. The Title to the home should be simple, with someone executing and recording an Affidavit of Heirship. You already took the land subject to the debt, but the debt is not your personal obligation. Since you are the sole heir and next of kin, all the assets are yours, and you can give them away as you choose.

Nina Whitehurst agrees with this answer

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