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I own a rental home where pipeline workers damaged the septic system before Easter, leading to sewage flooding. This has occurred twice now. The pipeline company has acknowledged responsibility and is covering cleaning and home repair costs. However, my tenants will need to connect to the sewer,... View More 
answered on May 13, 2025
I would get a good local attorney. You are probably sue them for negligence and recklessnes. You may be suing them for an intentional action, depending on whether they saw your sewer and just ignored it. The damages could be extream. Either they need to reconstruct your sewer or put them on the... View More
My grandmother passed away in Tennessee without leaving a will or trust. She owned property with a mortgage. She has two children, and we have the documents related to her property ownership. No steps have been taken to initiate probate, and there is no executor or administrator for her estate.... View More
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answered on May 2, 2025
Hire an attorney to determine heirship, draft an affidavit and record same. Those heirs as tenants in common should then start paying the note, taxes, insurance, etc. They can then either deed it to one owner, or sell it. Assuming no other liens, creditors can file probate also. It might... View More
I am a single adult interested in buying and living in my own principal residence in Tennessee. Can I purchase the property solely as a cash buyer without needing cosigners, and do banks typically require cosigners for a mortgage in the event of probate, such as when the homeowner passes away?
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answered on May 1, 2025
If you are an all cash buyer, then you are not using a loan to buy the property, making the lending requirements of a hypothetical lender irrelevant. If you are paying with part cash and part loan, then you will need to comply with the lender's requirements, of course. Lenders do not... View More
I have a will with one beneficiary and all my financial accounts list her as the beneficiary. I am concerned about my house, land, and personal property in Tennessee. Can I file a Lady Bird Deed in C**** County to avoid probate for these assets? There are no liens on the property, and I have no... View More
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answered on Apr 25, 2025
I think you mean a life estate/remainder deed. It works very well to vest a remainder interest to the grantee when executed, not later at death of the life tenant, and by operation of law. But it is permanent unless life tenant and remainderman agree to convey, borrow money, etc. Personal... View More
I have a will with one beneficiary and all my financial accounts list her as the beneficiary. I am concerned about my house, land, and personal property in Tennessee. Can I file a Lady Bird Deed in C**** County to avoid probate for these assets? There are no liens on the property, and I have no... View More
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answered on Apr 25, 2025
Ladybird deeds are not authorized in Tennessee. You can transfer those items by Will, but that requires a probate. If you are wanting to avoid probate, the best solution for many reasons is a revocable living trust.
I am part of a homeowners association in Tennessee where our bylaws state that a homeowner must have lived in their condo for 24 months before renting. A homeowner living in the condo is allowed a roommate but cannot rent it out. Currently, someone is attempting to circumvent this rule by setting... View More
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answered on Apr 23, 2025
The key to answering this question lies in a careful review of the HOA’s bylaws and covenants, as these governing documents likely define what qualifies as ownership and occupancy within the community. I would advise speaking with an attorney to review those bylaws, such as my office.... View More
I have been living in a property for 17 years, and my landlord promised me verbally that I would inherit it after his death. He has since passed away, and the property is now in probate without any written document. I have a witness to his promise, have not paid rent for the past month, and was... View More
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answered on Apr 15, 2025
I hate to be the bearer of bad news but you probably do not have a leg to stand on. Oral wills pertaining to real estate are not enforceable. And if he had no will at all, then the heirs are nearest blood relatives, not tenants. Sorry. You also probably cannot make a claim due to adverse... View More
I purchased property in Tennessee in 2022 using a warranty deed, which includes a parcel and pieces of multiple parcels described with measurements. This was recorded at that time. In 2024, I agreed to a loan with the seller (who owns the adjoining 15 acres) using 2 acres near my property as... View More
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answered on Apr 12, 2025
An affidavit cannot convey title to property. You may have no legal remedy, especially with that life estate out there. If you cannot afford to hire an attorney to sue for quiet title against the remainderman, then forget about it. At the least you need to do a title search of all the subject... View More
I am a co-beneficiary of an estate, and the executrix, who is also a co-beneficiary, is being granted real property from the estate. All co-beneficiaries are in agreement with this transfer. Do all co-beneficiaries need to sign a quit claim deed for the property to be transferred to the executrix?
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answered on Apr 8, 2025
Your narrative does not contain enough information to enable an attorney to answer your question. Has a probate case been opened? Has the executor actually been APPOINTED to that role by the probate court? Is the estate solvent? How much time has elapsed from date of death? Who/what is... View More
I own one-third of a property, and there is a lien on my share due to back child support arrearages. The lien amount is less than my share's value. The co-owners are willing to sell the property, but the sale process has not started yet. I have paperwork showing the lien on my portion. How can... View More
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answered on Apr 2, 2025
The lien is against property that you have a titled interest in, not just against your share. So closing instructions or sale contract provisions should expressly state that the CS is to be paid at closing. Be sure the CS persons are ready to release the lien immediately, and draft a proposed... View More
I own a home built in 1992 that encroaches about 3 feet over a golf course easement. This issue has been present through several ownerships, and I've been advised by an attorney that it's not legally problematic since the house has been sold multiple times over 33 years without issue.... View More
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answered on Mar 29, 2025
You might get the owner of the golf course to agree to a joint and permanent easement to be made of record. If you are able to move your encroachment, then you might do so. Otherwise expect to sell to buyers who are not concerned with the title cloud or possibly be sued at some time in the... View More
I'm trying to obtain title insurance for a property bought at a Tennessee delinquent tax sale seven years ago. The title company advised me to file a quiet title suit, but Tennessee state law claims absolute title is granted one year after purchase. Why is there a discrepancy between the law... View More
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answered on Mar 14, 2025
If an insurance company demands certain assurances of title, then they do not have to issue a policy if they are not satisfied. Try to find another title insurance company as there are different requirements and lawyers involved. Or do not buy an owner's title policy. Or cure the title... View More
I bought a house before I was married. Two years after purchasing, I got married, and four years later, we refinanced the house under both of our names. We have since divorced, and the divorce settlement only stated that I would occupy the house and be responsible for all costs associated with it... View More
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answered on Mar 13, 2025
Unless you gave him a deed or the Judge vested him with an interest, he has no titled interest in house. Did your lawyer not tell you this? When you sell it, and some title company wants him to give you a deed or give him money, go somewhere else. Getting a deed of trust does not bestow... View More
I recently purchased a manufactured home with the intention of placing it on my mother's land in Tennessee. I have a legal waiver signed by her permitting the placement of the home and have obtained the necessary septic permit. The home was delivered by the home center yesterday. A neighbor... View More
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answered on Mar 7, 2025
If you place the mobile home there, you take an extreme risk of a nearby property owner suing you and your Mother for a mandatory injunction to remove it. Arguably there is no SOL on enforcing such a covenant that was created on all parcels from the original tract. Sorry but you should have... View More
I paid the property taxes on 2 acres my brother-in-law owned in Nashville, Tennessee, after he died (in 2020, 2021, and 2023). The property is currently in probate. It is recorded in both the tax and probate records that I paid these taxes. The property is supposed to be auctioned, but there's... View More
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answered on Feb 24, 2025
You may be able to file a claim against the estate. It may be late but whoever the representative is might not file an objection, especially since you have materially assisted the preservation of the real property. You might want to look into what a perspective bid at a tax sale might be... View More
I recently sold my home and found out there was a lien on the property from a creditor with whom I have a structured settlement. I was not informed of this lien by the creditor or my debt relief company, and discovered it at closing. No advice was given, and the settlement amount was $10,580. So... View More
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answered on Feb 23, 2025
You should get the debt relief agency to do their job, which is actually practicing law without a license. So I am not surprised at this result as you made a mistake going to them. If there is a lien, then a judgment must have been entered. Look at the judgment, compute the amount with legal... View More
I received a property through a quit claim deed from my mother in 2023, and she continued to live there until she passed away in early 2024. She originally purchased the house in 1995 for $95,000. The property's value was approximately $350,000 at the time of her passing, and I sold the house... View More
answered on Feb 16, 2025
Hi there.
Unfortunately, when you inherited the property, you received your mother's original basis, which is $95,000. This amount will be used to calculate any capital gains.
If you had inherited the property after her passing, you would have benefited from a step-up in basis... View More
The lot in question was one big rectangle that was sub-divided into two lots. The right front corner is one lot and a large flag lot the other. A house was put on the small right front corner and the water was run underground crossing the left front corner of the flag lot. The original owner of... View More
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answered on Jan 27, 2025
Have you searched your title? If no recorded easements, then try to estimate how long those pipes have been underground. 20 years gives them prescriptive use easements, and they maybe have easements through other laws. I doubt you are able to build without marking the ground where the pipes... View More
His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More
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answered on Nov 9, 2024
Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More
I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More
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answered on Oct 22, 2024
You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More
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