Indianapolis, IN asked in Real Estate Law for Tennessee

Q: my grandfather died 2004 with land. family says there is a will but none is produced. my father died in 2011. what can i

there is no will filed with the state. i have asked to see said will and no response. the will executor refuses to show anything. i am concerned that the family will not be included should she become ill or incapacitated. my dad is one of 11 children, four of whom have passed. is there anything i can do to ensure the land stays with the heirs of my grandparents and not the spouse of the executor

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Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: If the Will was not probated, it has no effect. The heirs at law will won the property as tenants in common unless there is some other deed conveyance involved. Hire a TN attorney to search the title and determine heirship. Then draft and record an Affidavit of Ownership to show the world the source of title.

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