Get free answers to your Real Estate Law legal questions from lawyers in your area.
I prepared a quitclaim deed online using LegalNature, and it's been notarized and recorded. My grandmother and I intended to establish joint tenancy with rights of survivorship. This phrase is included in a section labeled "Vesting information / property interest: Joint tenancy with... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2025
One cannot offer a decent opinion of this internet deed without looking at it. There are several requirements for a deed to be recorded and be enforceable in TN. Hire an attorney to draft the deed. Once someone contests title or just ignores it, it is difficult to defend it or ask to reform... View More
I have been married for 25 years, and my wife has asked for a divorce. We own real estate, investments, and vehicles, all in joint names. I brought certain properties into the marriage. We do not have any prenuptial or postnuptial agreements, and there are no debts associated with our properties.... View More
answered on Jun 6, 2025
Generally speaking, in the State of Tennessee, marital property is divided, but separate property is not. All of the property is identified, classified and valued. Tennessee is an “equitable distribution” state, which means that once the property is classified as marital or separate, the trial... View More
I started a brushfire that accidentally damaged two of my neighbor’s trees, resulting in charges for not having a burn permit and reckless burning. My neighbor called the authorities, and I am now in court. I plan to replace the damaged trees and would prefer to perform community service instead... View More
answered on May 21, 2025
You have the right to an attorney. You have the right to not say anything incriminating against yourself. You just came on a public website, which is not good. You should wait for the hearing. At the preliminary hearing, the standard is Probable Cause. That is very easy for the District... View More
My sister and I were given my mother’s two homes as tenants in common with the right of survivorship. We verbally agreed to sell the homes together, but I recently discovered she sold her share without my consent and now I have a new co-owner. The records have not been updated yet. I need to... View More
answered on May 21, 2025
As Mr. Avery pointed out- you likely need someone to look at the "conveyance to you and your sister- as to whether it was truly a tenant in common transfer without rights of survivorship or with rights of survivorship.
In general, a tenant in common can sell their interest in the... View More
My sister and I were given my mother’s two homes as tenants in common with the right of survivorship. We verbally agreed to sell the homes together, but I recently discovered she sold her share without my consent and now I have a new co-owner. The records have not been updated yet. I need to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2025
In Tennessee we have either tenants in common or joint tenants with rights of survivorship. That alleged estate comes up alot and causes many title problems. Usually Courts will find the joint tenancy is destroyed, but sometimes find only a survivorship interest is conveyed to the third party.... View More
I own a rental home where pipeline workers damaged the septic system before Easter, leading to sewage flooding. This has occurred twice now. The pipeline company has acknowledged responsibility and is covering cleaning and home repair costs. However, my tenants will need to connect to the sewer,... View More
answered on May 13, 2025
I would get a good local attorney. You are probably sue them for negligence and recklessnes. You may be suing them for an intentional action, depending on whether they saw your sewer and just ignored it. The damages could be extream. Either they need to reconstruct your sewer or put them on the... View More
My grandmother passed away in Tennessee without leaving a will or trust. She owned property with a mortgage. She has two children, and we have the documents related to her property ownership. No steps have been taken to initiate probate, and there is no executor or administrator for her estate.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2025
Hire an attorney to determine heirship, draft an affidavit and record same. Those heirs as tenants in common should then start paying the note, taxes, insurance, etc. They can then either deed it to one owner, or sell it. Assuming no other liens, creditors can file probate also. It might... View More
I am a single adult interested in buying and living in my own principal residence in Tennessee. Can I purchase the property solely as a cash buyer without needing cosigners, and do banks typically require cosigners for a mortgage in the event of probate, such as when the homeowner passes away?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2025
If you are an all cash buyer, then you are not using a loan to buy the property, making the lending requirements of a hypothetical lender irrelevant. If you are paying with part cash and part loan, then you will need to comply with the lender's requirements, of course. Lenders do not... View More
I have a will with one beneficiary and all my financial accounts list her as the beneficiary. I am concerned about my house, land, and personal property in Tennessee. Can I file a Lady Bird Deed in C**** County to avoid probate for these assets? There are no liens on the property, and I have no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2025
I think you mean a life estate/remainder deed. It works very well to vest a remainder interest to the grantee when executed, not later at death of the life tenant, and by operation of law. But it is permanent unless life tenant and remainderman agree to convey, borrow money, etc. Personal... View More
I have a will with one beneficiary and all my financial accounts list her as the beneficiary. I am concerned about my house, land, and personal property in Tennessee. Can I file a Lady Bird Deed in C**** County to avoid probate for these assets? There are no liens on the property, and I have no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2025
Ladybird deeds are not authorized in Tennessee. You can transfer those items by Will, but that requires a probate. If you are wanting to avoid probate, the best solution for many reasons is a revocable living trust.
I am part of a homeowners association in Tennessee where our bylaws state that a homeowner must have lived in their condo for 24 months before renting. A homeowner living in the condo is allowed a roommate but cannot rent it out. Currently, someone is attempting to circumvent this rule by setting... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2025
The key to answering this question lies in a careful review of the HOA’s bylaws and covenants, as these governing documents likely define what qualifies as ownership and occupancy within the community. I would advise speaking with an attorney to review those bylaws, such as my office.... View More
I have been living in a property for 17 years, and my landlord promised me verbally that I would inherit it after his death. He has since passed away, and the property is now in probate without any written document. I have a witness to his promise, have not paid rent for the past month, and was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2025
I hate to be the bearer of bad news but you probably do not have a leg to stand on. Oral wills pertaining to real estate are not enforceable. And if he had no will at all, then the heirs are nearest blood relatives, not tenants. Sorry. You also probably cannot make a claim due to adverse... View More
I purchased property in Tennessee in 2022 using a warranty deed, which includes a parcel and pieces of multiple parcels described with measurements. This was recorded at that time. In 2024, I agreed to a loan with the seller (who owns the adjoining 15 acres) using 2 acres near my property as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
An affidavit cannot convey title to property. You may have no legal remedy, especially with that life estate out there. If you cannot afford to hire an attorney to sue for quiet title against the remainderman, then forget about it. At the least you need to do a title search of all the subject... View More
I am a co-beneficiary of an estate, and the executrix, who is also a co-beneficiary, is being granted real property from the estate. All co-beneficiaries are in agreement with this transfer. Do all co-beneficiaries need to sign a quit claim deed for the property to be transferred to the executrix?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2025
Your narrative does not contain enough information to enable an attorney to answer your question. Has a probate case been opened? Has the executor actually been APPOINTED to that role by the probate court? Is the estate solvent? How much time has elapsed from date of death? Who/what is... View More
I own one-third of a property, and there is a lien on my share due to back child support arrearages. The lien amount is less than my share's value. The co-owners are willing to sell the property, but the sale process has not started yet. I have paperwork showing the lien on my portion. How can... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025
The lien is against property that you have a titled interest in, not just against your share. So closing instructions or sale contract provisions should expressly state that the CS is to be paid at closing. Be sure the CS persons are ready to release the lien immediately, and draft a proposed... View More
I own a home built in 1992 that encroaches about 3 feet over a golf course easement. This issue has been present through several ownerships, and I've been advised by an attorney that it's not legally problematic since the house has been sold multiple times over 33 years without issue.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2025
You might get the owner of the golf course to agree to a joint and permanent easement to be made of record. If you are able to move your encroachment, then you might do so. Otherwise expect to sell to buyers who are not concerned with the title cloud or possibly be sued at some time in the... View More
I'm trying to obtain title insurance for a property bought at a Tennessee delinquent tax sale seven years ago. The title company advised me to file a quiet title suit, but Tennessee state law claims absolute title is granted one year after purchase. Why is there a discrepancy between the law... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2025
If an insurance company demands certain assurances of title, then they do not have to issue a policy if they are not satisfied. Try to find another title insurance company as there are different requirements and lawyers involved. Or do not buy an owner's title policy. Or cure the title... View More
I bought a house before I was married. Two years after purchasing, I got married, and four years later, we refinanced the house under both of our names. We have since divorced, and the divorce settlement only stated that I would occupy the house and be responsible for all costs associated with it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025
Unless you gave him a deed or the Judge vested him with an interest, he has no titled interest in house. Did your lawyer not tell you this? When you sell it, and some title company wants him to give you a deed or give him money, go somewhere else. Getting a deed of trust does not bestow... View More
I recently purchased a manufactured home with the intention of placing it on my mother's land in Tennessee. I have a legal waiver signed by her permitting the placement of the home and have obtained the necessary septic permit. The home was delivered by the home center yesterday. A neighbor... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025
If you place the mobile home there, you take an extreme risk of a nearby property owner suing you and your Mother for a mandatory injunction to remove it. Arguably there is no SOL on enforcing such a covenant that was created on all parcels from the original tract. Sorry but you should have... View More
I paid the property taxes on 2 acres my brother-in-law owned in Nashville, Tennessee, after he died (in 2020, 2021, and 2023). The property is currently in probate. It is recorded in both the tax and probate records that I paid these taxes. The property is supposed to be auctioned, but there's... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2025
You may be able to file a claim against the estate. It may be late but whoever the representative is might not file an objection, especially since you have materially assisted the preservation of the real property. You might want to look into what a perspective bid at a tax sale might be... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
