Legal Question in Real Estate Law in Tennessee

my husband died and didn't have a will and i have land that i need to sell and my name was on with deed with his will i need a lawyer


Asked on 9/23/10, 6:24 pm

1 Answer from Attorneys

Caitlin Moon C2Law

If you and your husband owned the land as married people, then you probably held title as "tenants by the entirety." This means that, upon the death of one spouse, the second spouse now holds 100% of title to the property. Thus, your husband's interest passed to you automatically at his death.

Whether you need an attorney to convey (sell) the property depends upon a number of factors - you first need to confirm how the property was titled in the deed by which you and your husband received the property. If you and your husband did NOT hold title as tenants by the entirety, then his share may have passed into his estate at death, which requires additional action before the property can be sold.

I recommend that you consult with a title attorney in your area, who should be able to give you specific advice.

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Answered on 9/29/10, 10:58 am


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