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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: How do heirs handle a petitioner to be the executor, who has made moves against the estate?

Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the... View More

Anthony M. Avery
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answered on Feb 5, 2024

Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it... View More

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Tennessee on
Q: Two surviving children of my father that was married before he passed. Can I pay all unpaid property taxes...cont

In full and be able to obtain the current deed following payment? As well as claiming ownership?

James L. Arrasmith
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answered on Feb 1, 2024

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...
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2 Answers | Asked in Real Estate Law for Tennessee on
Q: My grandmother put my mom on the deed for ownership its states to her and her heirs. My mother passed recently and she's

Saying she needs me to sign something back to her. Is that me signing my rights to property away?

James L. Arrasmith
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answered on Jan 22, 2024

If the deed to the property states that it is owned by your mother "and her heirs," and your mother has recently passed away, then her share of the property would typically pass to her heirs, which likely includes you. If your grandmother is asking you to sign something, it's... View More

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2 Answers | Asked in Real Estate Law for Tennessee on
Q: My grandmother put my mom on the deed for ownership its states to her and her heirs. My mother passed recently and she's

Saying she needs me to sign something back to her. Is that me signing my rights to property away?

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answered on Jan 25, 2024

Apparently Grandmother transferred the property to your Mother. If no other deeds and no will probated, Mother's heirs now own the property because of intestate succession. Yes, she wants you to give up your share or fee ownership. A life estate/ remainder deed might be in order.

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1 Answer | Asked in Elder Law, Estate Planning, Land Use & Zoning and Real Estate Law for Tennessee on
Q: For nursing home care will Medicaid look at the purchase of two plots of land individually or together for FMV?

I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More

Nina Whitehurst
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answered on Jan 14, 2024

Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More

1 Answer | Asked in Real Estate Law and Juvenile Law for Tennessee on
Q: Can HOA ban a 16 year old from their home under suspension of theft on the complex
James L. Arrasmith
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answered on Jan 13, 2024

In Tennessee, an HOA generally has the authority to enforce rules and regulations within the community. However, banning a 16-year-old from their home due to suspension for theft may require careful consideration of the HOA's bylaws and state laws. It's important to review the specific... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Tennessee, a warranty deed in 1997 a bf/gf listed as tenants in common with rights of surv then heirs only 1 signature??

my mother (i was only 11) i was told SHE bought a mobile home and some property, we moved into said home few months later i am woken to her bf whom moved into home with us to call my nanny and tell her my mom is being taken to the er by ambulance but he said to the Fayetteville er not Tullahoma er... View More

James L. Arrasmith
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answered on Dec 26, 2023

In Tennessee, when a property is owned as tenants in common with rights of survivorship, it means that upon the death of one owner, their share typically passes to the surviving owner(s). However, the specific language in your mother's deed stating "tenants in common with rights of... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it essential to declare the suicide of a person in the house( many years before )to the recent buyer by house owner

We own a house. Unfortunately a tenant committed suicide there.Then it was on rent for 8 years.Now we want to sell the house .is it a offense, not telling the fact about suicide happened before to the buyer?

James L. Arrasmith
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answered on Nov 17, 2023

In Tennessee, the law does not typically require sellers to disclose deaths, including suicides, that occurred on a property. The state's real estate disclosure laws focus mainly on material defects affecting the property's physical condition or value.

Since a past suicide is...
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1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Tennessee on
Q: Is it possible to purchase 99% of the shares of an LLC while keeping the original owner on as a non-equity/no-owner?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 16, 2023

A limited liability company has members and membership interests. Yes, you can purchase 99% of the interest in the LLC - but if you are leaving one percent- is that for the old owner- so they would be one percent equity owner? This sounds like a structure of membership issue. It may be... View More

1 Answer | Asked in Real Estate Law and Construction Law for Tennessee on
Q: I bought a home in Tennessee closed on September 29 2021. The home inspector lied about cracks in foundation.

The Retailor suggested the home inspector company Chattanooga Home Inspector. Now I am finding multiple foundation cracks that were DYI sealed.

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answered on Nov 13, 2023

Did seller give you a residential disclosure statement? Read it verbatim and see what it says about the foundation. 1 year SOL from fraudulent execution of statement. Hopefully agent signed it also, for an additional defendant. But you will need to track down seller: location; bank; job.... View More

2 Answers | Asked in Real Estate Law for Tennessee on
Q: Property belongs to my dad & his brother am in that from last 45 yrs now thy caliming aft his death it will go legally?

Thy never come and ask in this 45 years now his wife and son started asking we don't want to give we are to pay thy want only property share so how to handle

James L. Arrasmith
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answered on Nov 18, 2023

In Tennessee, if the property belongs to your father and his brother, it's crucial to understand how the property is titled and whether there's a will or estate plan in place. If the property was owned jointly with rights of survivorship, it would automatically pass to the surviving owner... View More

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1 Answer | Asked in Real Estate Law, Domestic Violence and Contracts for Tennessee on
Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?

(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know... View More

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answered on Nov 9, 2023

Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Tenncare claim of estate

I got a letter today from Medicare for signing to see if she owned on any bills since she was in nursing home since 2020 and a copy of death certificate. I have profound hearing loss was on a disability check until I got married in 2020. My dad and her signed property over to me in 2016. Only thing... View More

Nina Whitehurst
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answered on Nov 6, 2023

It is very uncommon for any living individual to be personally liable for the debts of a deceased person. However, the creditors of a decedent may make claims against the decedent’s estate.

It is extremely uncommon, also, for a decedent to owe money to Medicare. More likely, Medicare...
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1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: A judge ignores a recorded phone conversation that contradicts the opposing party's claim in Probate. What should I do?

The opposing party in a Probate case claims they have made contributions to property taxes for the last 20 years. I was able to provide a recorded conversation between myself and the party, in which the party admitted that they withdrew their help/contributions 27 years ago. I always thought that... View More

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answered on Oct 26, 2023

Your lawyer needs to object to the Clerk& Master's Report or appeal the Chancellor's ruling. This assumes that the property taxes were in sufficient amounts that it affects the Estate's other beneficiaries. Your recording may not have the legal impact on the Probate Case... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Has a the listing agent earned his commission if buyer breaches?

Buyer and seller reached a written agreement. Financing and all other contingencies had been removed. The day before closing, buyer said he had simply changed his mind and refused to close. Property went back on the market. Had selling agent earned his fee?

T. Augustus Claus
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answered on Oct 3, 2023

Typically, the terms of the listing agreement between the seller and the agent dictate when a commission is earned. Many listing agreements state that a commission is earned if the agent produces a ready, willing, and able buyer, even if the sale doesn't close due to no fault of the agent. If... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If the easement is 20 ft can you put gates on easement

We have a deeded easement ingress

Egress

Anthony M. Avery
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answered on Sep 26, 2023

No law governs the with or gating of easements. If you put a gate across it, other row users may be offended and sue for their ingress/egress rights. Usually you want all users to have access: that is keys, codes, etc. Terminating or overburdening the easement is usually what a suit in... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am a land owner in New Market, TN. My neighbor who owns the adjoining property has begun building a house above me.

They installed a driveway and a culvert under their driveway directing all water flow, mud , rock, etc. from their upper lot of 6 acres onto my land. Had they installed the culvert a mere 6 feet higher the flow of water and debris would have washed onto their own property. In years of owning our... View More

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answered on Sep 14, 2023

That is a 3 year SOL for a property tort. You will need an engineering expert and contractors as witnesses to prove damages and the cause of action. Also a good lawyer. It has alot to do with how valuable your land is, as even a judgment for you will probably be appealed. A boundary line... View More

2 Answers | Asked in Real Estate Law and Legal Malpractice for Tennessee on
Q: My attorney did our deeds incorrectly, how can this be fixed without having to sign again?

One of the original signing tenants are not available to sign.

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answered on Sep 1, 2023

You will need to hire a competent TN attorney that knows real property litigation, not a title co. Almost surely signatures will again be required by all necessary parties. If they are not available, the title may be clouded or void permanently. A Quiet Title Action may be necessary with... View More

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1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: What do I do if I'm being sued by my HOA for not paying a penalty I was unaware of.

The penalty is 375 dollars because I did not supply them with a copy of my tenants lease agreement and 200 dollars processing annually. I was not aware of this. I do not remember this being a rule when I lived there. It has been 4 years since I started renting the place and I live 3 hours away.... View More

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answered on Aug 31, 2023

More than likely there will not be a Court case until the HOA sues against the condo to execute the Lien. Those charges will be converted into a Lien against your property, and will be placed of record. Hire an attorney to search the title, read the Master Deed, etc., and advise you of your... View More

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Tennessee on
Q: What is the law concerning heirs and beneficiaries being notified about a trust being created in Tennessee?
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answered on Aug 25, 2023

There is no legal requirement for the settlor of a trust to tell anyone about the trust being created. In fact there are many secret trusts, and oral trusts can sometimes be enforced in TN with clear and convincing evidence. Title searches on properties will often disclose conveyances into a... View More

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