Legal Question in Real Estate Law in Tennessee

My parents divorced in 1964 and my mother retained a life estate in the property that was deeded in my father's name. My father has since passed away and nothing was ever filed in the register of deeds office, except a copy of her divorce papers giving her the life estate and upon her death the property is decreed to the children. It also says that all right, title and interest in said property is divested out of his name and vested in mother and children. He did not sign a quit claim deed. How do we prepare a deed putting the property in her name and giving her a life estate with out his signature?


Asked on 9/03/10, 8:48 pm

2 Answers from Attorneys
Caitlin Moon C2Law

I STRONGLY suggest that you consult an attorney in your area for advice in this matter. You've shared limited facts and I'm certain that an attorney with real property experience can provide the best guidance for you and your family.

Without more information - including specific details about your father's estate (e.g. Did he have a will? Was he remarried?) - I'm not able to respond to your question - there are many factors that could impact the outcome, and all must be considered.

With such a significant asset at stake, I urge you talk with an attorney as soon as possible. It may be necessary to make a claim against your father's estate, and the time frame for making such claims is very specific. You could miss a deadline unless you act immediately.

I wish you and your family the best.

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Answered on 9/09/10, 5:03 am
Joseph T. Kirkland, Jr. Kirkland, Rothman-Branning & Associates, PLLC

I agree that you do need an attorney to review the situation to determine the exact facts but would add that if the property was divested by the court that granted the divorce and that divestiture is contained in the divorce decree itself, the solution MAY be as simple as recording a copy of the decree in the local Register's office. Please have it looked at immediately.

Good luck.

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Answered on 9/09/10, 8:39 am


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