My husband and I are residents fo the state of Louisiana, but we purchased six acres of unimproved land in Monteagle, Tennessee several years ago. The deed showed both my husband and me as the buyers. My husband died today, but left no will. He has grown children by a first marriage. How do we handle the ownership now of this property?
Country relating to Question: United States
State (if USA): Louisiana
Too soon to answer this. You are my first resource.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.Exactly how are you listed on the deed?Is it joint with the right of survivorship?I need the exact language on the deed.
The deed states "...convey until William N. McIntyre, III and wife Geraldine J. McIntyre certain property..."
It is, as shown above, with no mention of right of survivorship. After description of property, it states: To have and to hold the said property unto the said grantees, their successors and assigns, forever in fee simple.
I am very sorry for your loss. In Tennessee when property is transferred to a married couple, it creates a tenancy by the entirety. For your situation that is the same as a joint tenancy with the right of survivorship. The property automatically passed completely to you by operation of law. No probate will be required in Tennessee. You now own the property in fee simple.
Thank you! So what paperwork is required for me to SELL this property?
All that you would need to do is to have an attorney draft a deed to the buyer and you would need to provide the death certificate.
Actively practicing trial attorney
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