Sevierville, TN asked in Probate for Tennessee

Q: My father passed away everything was in his and my moms name except 1 property so didnt do probate.Can she keep?

my mom and dad have 3 grown kids together but can she keep property and have put in her name? he didnt have a will

can she just have retitled to her name? or do us children have to sign off on something. she dosnt want to sell just keep

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

A: No. Absent a will, in Tennessee your mother would get a share of the property and so would your dad's children. There is a process for retitling the property that will need to be followed. If you mother ever wants to sell or refinance the property she will not be able to until the retitling process is completed.

Anthony M. Avery agrees with this answer

1 user found this answer helpful

Shanone Emmack
Shanone Emmack
Answered
  • Probate Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

A: If the property was just in your dad's name then it became part of his estate when he died.

If he died without a will then he died intestate and the intestacy laws will determine how the property is distributed. In Tennessee, a spouse and children receive a portion of the estate. It is important that you hire an attorney to help you determine your portion of the estate. You should be entitled to a part of the value of the house.

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

A: Hire a competent attorney to perform a title search, draft an Affidavit of Heirship and a Quit Claim Deed from the Issue (sons and daughters) over to Mom. Then execute and record the instruments in the Register's Office. Unless there are other title issues, that is all that is needed.

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