Lake Worth, FL asked in Real Estate Law and Probate for Tennessee

Q: How do I sell land in Tennessee that is still in my deceased father's name 15 years after his will was probated in NY?

I am looking for advice on how to sell a piece of land that is still in my deceased father’s name. My father passed away in 2005. He was a resident of NY and his will was admitted to probate in the state of NY in 2005. Letters testamentary were issued with my sister and I named as executors of his estate. The land that is still in my deceased father’s name is in Tennessee. After my father passed, my sister and I hired a lawyer to handle everything. However, he never did anything regarding the land in Tennessee. It was never addressed. I have paid the taxes on the Tennessee land every year, but the land is still in my father’s name. My sister and I would like to sell the land. I’m just not sure how to proceed or if too much time has passed for any type of legal resolution to this situation. Thank you in advance for any advice you can offer.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: You can obtain a triple certified copy of the will from the NY probate court and file it in Tennessee as a muniment of title.

Anthony M. Avery agrees with this answer

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: I recommend hiring a competent Tennessee attorney to represent you all, and sell the property. He will be able handle the arrangements much more readily, and with no house involved, alot less disclosure is involved. He should be able to search the title, then construct proper derivation of title clauses in the Deed. Hopefully you do not have easement or adverse possession issues.

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