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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40691
Experience:  Texas lawyer for 30 years in Estate law
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Both my aunt and her husband by marriage died in 2014

Customer Question

Both my aunt and her husband by marriage died in 2014 without a will and no children . The property (a house valued appx 250,000) is in probate and the executor is my aunt, the only surviving sibling. The atty said that since my mother is deceased, I have an interest in the property and sent me a quitclaim deed to sign giving up my interest for $10.00. My aunt said in order for her to be able to sell the property, I need to sign the deed. Is this correct? The property is in Germantown Tennessee. I told her I would sign giving her the right to sell the property but is the quitclaim deed the appropriate document?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
They died without a will.
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

There really needs to be probate of your mothers estate here in Tennessee.If there was probate where she resided elsewhere then this is called ancillary probate. I am not at all sure you want to sign anything here deeding away your interest.In this case you are an heir then they need to pay you for your share.Again if this requires you opening probate for parent then so be it.Sounds like they are wanting you to sign over your share here without compensation.They are in essence asking you to trust them to pay you, thats not a good idea.

I would consider your own lawyer where the probate s located to make sure you are going to get paid here and to review the deed.Again you should be paranoid here, you have an interest no need to sign that away until you receive payment here, a lawyer can get proceeds deposited into court registry or otherwise protect you.As this has been sent to you it isi very suspicious here, and you are at risk if you sign this over of getting nothing.

Getting your own lawyer on this as well as probate for mother if necessary is the way to protect your interest.

I appreciate the chance to help you tonight.Thanks again.