Asked in Estate Planning and Probate for Tennessee

Q: Clamming land that was quite clammed deeded and now person's are dead

A portion of property from original property was quite claim deeded to persons that are now dead . How to go about getting that piece of land back

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2 Lawyer Answers
Nina Whitehurst
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A: There are too many facts missing from your narrative to answer your question in any definitive way. As to each name on the deed an attorney would need to know if the person died testate or intestate, where he or she died, whether the estate was ever probated and where, if the death was recent whether the estate is solvent, whether the decedent ever received TennCare benefits. Then answers to those questions would lead to more questions about the heirs of each decedent and whether those heirs are still alive. As to each decedent the attorney might also need to know what other things are still titled to the decedent.

You would be best served by scheduling a consultation with an experienced Tennessee probate attorney. Come to the consultation be prepared to answer the above questions.

And do expect to pay for a consultation. Free consultations are often just sales pitches. But if you pay for a consultation you can expect to receive actual legal advice.

Anthony M. Avery agrees with this answer

Anthony M. Avery
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A: Hire a competent attorney to search the title, determine heirship, and draft/execute an Affidavit of Heirship. Taxes may be a problem or the County may have already sold it.

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