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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.