Antioch, TN asked in Estate Planning, Real Estate Law and Probate for Tennessee

Q: I borrowed money from my father to buy a house. I am his only child. He does not a have a will.

What happens to this debt when he dies? He is listed on the deed as having a lien on the property.

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

A: I do not understand that there is a lien in the deed language. Vendor's Liens have not been used for over 80 years. You are probably an heir if not the sole heir. If the sole heir, you also own the debt against your property, if it actually exists. Hire a competent attorney to search the title, determine heirship, record an Affidavit of Heirship, and release the "lien" if needed (and whenever it is convenient).

Nina Whitehurst agrees with this answer

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