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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29672
Experience:  Texas lawyer for 29 years in Estate law
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Tn estate law question; mother and father are deceased. I never

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Tn estate law question; mother and father are deceased. I never settled the estate. Mother died 4 yrs ago father 10. I have been living in the house managing the farm. Ex spouse is going to take me to court for back pay child support. Can I sell to my cousin the farm legally?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your question and good afternoon.You would have to file probate on each parent here.The court would have to appoint you personal representative and award you the house.Once you are deeded the house through probate you could complete a sale and deed it the buyer.Here you don't own the property yet if it has not gone through probate.

You may want to contact a local title company there and have them file probate and get you clear title through probate process.If you are the heir here the court would award you all the assets including the property.This may end up being a deed from you as personal representative to you as an individual.There would be no way around probate for each of the parents to get you clear and complete title.

This would either pass under their wills or if no will to you under laws of intestacy.

Here are the laws of intestacy for reference.

http://www.nolo.com/legal-encyclopedia/intestate-succession-tennessee.html


The probate court would make a finding by court order that you are the sole heir under the laws of intestacy if there were no wills.

It has been my pleasure to assist you today.I appreciate the chance to do so .Please let me know if you have more follow up.Thanks again.

 

Here are title companies with lawyers in Tennessee.You can use a regular lawyer here but since you are planning on a sale to me using a title company insures you have no title problems from probate here.

 

https://www.google.com/search?q=tennesse+title+companies&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a

 

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information

 

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29672
Experience: Texas lawyer for 29 years in Estate law
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