Savannah, GA asked in Estate Planning and Probate for Tennessee

Q: Need clarification on wording: On a Tennessee Deed in my father and stepmothers name.

I looked up Tennessee law and it says if someone dies without a will the home is divided between the children and spouse with spouse receiving no less then one third.

The deed says : My fathers name and his wifes name there heirs and assigns forever in fee simple

Grantor covenants that she is lawfully seized and possessed of said realestate, that she has a good and lawful right to sell and convey the same; that the title thereto is clear, free and unencumbered, and she will forever WARRANT AND DEFEND the title thereto against all lawful claims. Does this mean his children have no rights to the home.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: Ownership of real property by husband and wife creates a tenancy by the entirety unless the deed specifies a different form of ownership. When one dies the other becomes the sole owner.

Anthony M. Avery agrees with this answer

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Surviving Spouse will be the Surviving Tenant By The Entirety by operation of law. No probate.

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