Springfield, TN asked in Estate Planning and Probate for Tennessee

Q: My MIL recently passed away. Four years ago she Quit Claimed her house to My wife and I.

She was on Medicare and debt free except for some final hospital expenses. Can we change the deed over to our name to begin renovations or does it still need to go through probate? Thank you.

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

A: You have something mixed up: either she conveyed it to you and your wife; or died owning it. If she did not deed it already, then it is owned by her Heirs. In that circumstance, hire a competent attorney to search the title, determine heirship and record an Affidavit of Heirship. However MediCare may after her interests, former or just prior to death, for some more time. Probate probably would not have anything to do with the home, and would tell creditors to file claims.

Nina Whitehurst agrees with this answer

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