Johnson City, TN asked in Real Estate Law for Tennessee

Q: In Tn if a parent owns land and the deed is in his name and he passes away, does the land go to the children?

And if that parent dies and the will is still in the grandfather's name, does the land go to the grandchildren?

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

A: Generally Intestate Succession involves the surviving spouse if there is one, then to the issue surviving or their surviving issue. If none of that applies it goes up to the parent and grandparents, then branches out maternally and paternally. Unfortunately your question makes no sense. But assuming you are talking about a parent's Will devising property to his/her parent who is deceased, then the property would probably go through the Residuary Estate Clause of the Will where the Heirs are the parents' children. Remember the Will has no effect unless Probated.

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