Knoxville, TN asked in Probate for Tennessee

Q: My fiancé passed, no will, we own a home but only he was on the loan, both on the deed. Do I have to go thru probate?

He had no will, but I was beneficiary to life and 401k and deed on house is specific. At the time of passing his father was still alive and his sister was trying to contest everything. She told me she was requesting executorship of estate through probate court. Since we were not married, I had no rights. I’ve remained in our home paying the mortgage. His father recently passed and no word from sister or court/probate. I alone won’t qualify for the loan. It’s been 18 months now. I don’t know where to go from here. They took his vehicles and personal items, and I assumed the rest would be handled in court but she never filed. I can’t continue to pay everything and reluctantly have to sell our home. Can I? Do I have to do anything through probate in order to? What about all the other things? Income tax never filed for him, credit card debit, bank accts (small) our home has at least 300k equity, can they come after that once sold? Please help

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

A: Your Deed is very important but you have not stated what the granting clause is, that is who owns it. You might own 1/2 , a fee or nothing. If you own an interest, a Partition Action might really work for you in Chancery Court. You probably had no interest in the other assets.

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