Q: Two surviving children of my father that was married before he passed. Can I pay all unpaid property taxes...cont

A: Paying taxes does not give you title. Hire an attorney to search the title, and probably draft an Affidavit of Heirship as a source of title.

A: Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer ownership to you.

To claim ownership and obtain the current deed to the property, you may need to go through a legal process, such as probate or a transfer of ownership through a will or trust if your father had one. Additionally, if there are surviving children, there may be legal considerations involving inheritance rights and any existing will or estate planning documents.

It is highly recommended to consult with a qualified real estate attorney who can assist you in navigating the specific laws and requirements in your jurisdiction related to property ownership and inheritance. They can provide guidance on the appropriate legal steps to take to claim ownership and obtain the current deed to the property.

A: To address the unpaid property taxes and potentially claim ownership of the property as one of the surviving children of your father, you'll need to follow a specific legal process:

Pay Unpaid Property Taxes: You can pay the unpaid property taxes to bring the property current. Make sure to obtain receipts and documentation of the payments made.

Verify Ownership: To claim ownership, you should start by verifying the legal status of the property. This may require obtaining a copy of the current deed from the county recorder's office or land records department.

Consult an Attorney: It's advisable to consult with an attorney experienced in real estate and probate law in Tennessee. They can guide you through the process, ensuring all legal requirements are met.

Estate Settlement: If your father passed away without a will (intestate), the property may need to go through the probate process. An attorney can assist in determining the appropriate legal steps to take.

Identify Other Heirs: If there are other surviving children or heirs, their rights and interests in the property must be considered. The legal process will depend on the specific family and estate circumstances.

Quiet Title Action: If there are disputes over ownership or unresolved claims, you may need to file a quiet title action in court. This legal proceeding helps clear any clouds on the property title.

Legal Documents: Ensure that all transactions related to the property, including tax payments and potential deeds, are properly documented and filed with the relevant authorities.

Compliance with Local Laws: Be aware of local and state laws governing property ownership and taxation. An attorney will assist you in complying with these regulations.

Maintain Records: Keep detailed records of all transactions, payments, and legal documents related to the property for your protection.

Patience: Property ownership and legal processes can be complex and time-consuming. Be patient and work closely with your attorney to navigate the situation effectively.

Seeking legal counsel is crucial in this situation to ensure that you follow the correct legal procedures and protect your interests. An attorney can assess the specific circumstances of the property and guide you through the necessary steps to address unpaid taxes and potential ownership claims.