First Steps

[mfm7000]

Grandmother passed away 3 years ago in Tennessee. Her Deed states the transfer of her land (in TN) into two tracts. The Deed names myself and my father as the recepients of the 1st tract. My Uncle and his sons recipient of 2nd tract. One of my uncle's sons has been living on the 2nd tract, and my father has been living on the 1st tract since my grandmother's death. I am unaware if my grandmother's estate has been through probate.

What would be my first steps in resolving my grandmother's estate? Should I hire an attorney local to the area to do a probate search for the estate? Once estate resolved, I wish to offer father chance to buyout, or force sale of land.

Thanks
Matt

 

[advisor10]

1-29-2002

DEAR MFM:

If you know your grandmother's month and year of death, you can do the search yourself for a probate file. Go to the county courthouse/probate court for the city where she died and ask the probate court clerk there if there is a file for her. If there is, you can examine it to see if perhaps the deed is mentioned somewhere in there.

The question here is whether or not the names on the deed were officially changed (after she died) to show the names of the new owners/heirs. If it was not done, then you may need to open the estate or reopen it to get this matter done. Maybe a local probate lawyer or real estate agent or real estate lawyer can tell you if this needs to be done through court or whether there is another way to do it.

If her will was probated, perhaps you need to discuss this matter with the executor of her estate (his/her name and address should also be in the probate file).

But, with a little bit of time and effort, you should be able to make the sale after all the legal/ownership questions have been taken care of.

 

[mfm7000]

Thanks advisor. I appreciate your help.