Cookeville, TN asked in Real Estate Law for Tennessee

Q: My Mother left her land to her 5 kids and 2 of her grandchildren in a deed no will. There is a house with the contents.

The house is located on the property. Does the contents of the house belong to all 7 on the deed or just the 5 children that grew up in the house?

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

A: You say She left the property, but no Probated Will is involved. What has probably happened is Mother died without a Will, such that: the grantees took the real property when the Deed was executed as Tenants In Common; and her Next Of Kin take her personal property. The property could be subject to debt, and County Property Taxes are always pending on the land. You may need to file an Affidavit of Heirship.

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