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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36392
Experience:  Texas Attorney for 30 years dealing in real estate
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My mom passed a month ago leaving the house to me through a

Customer Question

My mom passed a month ago leaving the house to me through a quit claim deed I also have other siblings can they stop me from getting the house?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ray replied 5 months ago.
Hi and welcome to JA. Ray here to help you tonight. No it passed by deed here while she was alive.Assuming she had capacity to understand what she did there is no legal absis here in Tennessee to challenge the deed.It was an intervivos gift here while she was alive.
Customer: replied 5 months ago.
I think you are saying they can't stop me from getting the house
Is that correct?
Expert:  Ray replied 5 months ago.
Two elements must be present in orderto find a properly executed gift intervivos.Arnoult v. Griffin,490S.W.2d 701,710(Tenn.Ct.App.1972)(citing Dodson v. Matthews,117S.W.2d 969(Tenn.1938)).First,the donor must have the present intentto make a gift to the donee.Id. Intentis determined from the totality of thecircumstances.Id.Second, the donor mustdeliver the gift to the donee.Id.For delivery to occur, thedonor must “surrender completedominion and control of thegift”to the donee. Yes it was an intervivos gift to you while she was alive under Tennessee law.
Expert:  Ray replied 5 months ago.
I see no basis for anyone to claim otherwise here. Thanks again I appreciate the chance to help . If you can positive rate it is always much appreciated.

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