Q: Which law applies in the case a deceased person has no will and owns property in a different state.
Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the Affidavit of Heirship is completed the heirs inherit the land. Currently the widow of deceased is trying to sell the land to split three ways. The son of widow states that the land is for sale, but there is no listing of property for sale or sign indicating for sale on property. Upon further research this is the first year the taxes have not been paid on the property. Another note, originally widow said will existed-but now says there is no will.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A:
The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located.
If the decedent had real property in a state OTHER than the state in which he resided prior to death, the law of that other state applies to the real property located in it.
In the case you describe, the law of Tennessee would apply to the real property that the decedent owned in Tennessee. When an individual dies with no will and owning real property in Tennessee, an affidavit of heirship is the most common method of transferring that real estate to the heirs at law. A Tennessee probate attorney can help you draw up and record an affidavit of heirship.
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.
