Q: Father passed away, excluded from affidavit of heirs, no will, property in TN, steps?
My father passed away without a will, leaving a property in Sequatchie County, Tennessee, in his name. After his death, my stepmother completed an affidavit of heirs excluding his three children. No official communications or notices have been received by us regarding the estate. The property is our main concern, but there is also a truck solely in his name that my stepmother drives. We have not filed anything in court yet. Is the exclusion of his children in the affidavit correct, and what actions can we take?
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- Tennessee
- (901) 526-1088
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- Answered
A:
Good Morning:
A complaint to quite title must be filed.
Attorney M. G. Floyd, Esquire
901 526 1088
Anthony M. Avery agrees with this answer
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- Tennessee
- (865) 637-3035
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- Answered
A: An action must be filed to contest the truth of the AH, which is statutory. And is Mr. Floyd says, a Quiet Title Action must be filed, in the same suit. Hire a competent attorney now. Affiant is also an Heir., but still a defendant.
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- Tennessee
- (931) 250-8585
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- Answered
A: I agree with my colleagues and would add do not delay because the last time I checked there was a six-year statute of limitations to contest an Affidavit of Heirship. That means if you wait more than six years from the date it was recorded you will lost your right to contest it.
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