Legal Question in Real Estate Law in Tennessee
Poprty Sold after warranty deed executed buy original owner
1971 Warranty Deed transfering land to 3 children 1/3 interest each for 1.00. Parents held life estate.
Parents then sold or transfered several parcels to other entities.
Last parent died in 1997 and left varying portions to survivors in a will.
i.e. 1 got 200 acres, house and money / 1 got 58 acres / 1 got 30 acres.
Appox imately 4 titles searches were done over the years and no one turned up this deed.
The survivor with the largets portion then sold appox. 150 acres.
One of the purchasing enties now is selling to another party and a title search turned up this deed.
In all there have been approx 26 deeds covering this land that were executed after 1971.
Can this deed be invalidated in some way. The survivors are not on good terms. What is the liability of the estate of the Initial parents and the now estate of the survivor selling the land they thought was willed to them and the reciepients of that survivors estate?
2 Answers from Attorneys
Re: Poprty Sold after warranty deed executed buy original owner
Your question raises a lot of issues too complicated to sort out here. The answer will depend on which deeds were validly recorded and when, whether anyone knew about the earlier deed, and probably some other factors. A life estate disappears at death. In other words, if the parents only had a life estate interest, the property passed to the other owners automatically on death, and the will had no effect. Whether the probate court can override this principle is a novel question I have not encountered.
Step 1: Notify your title insurance company
Step 2: Hire a lawyer. Given the number of people involved, and the fact that some are not family members and the family members do not all get along, this will need to be sorted out in the legal system. If you are in Northern California, please give me a call.
Re: Poprty Sold after warranty deed executed buy original owner
the parents can only convey interest granted to them in the deed and no more. the deed will determine ownership. email me to discuss [email protected]. i am in Knoxville.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
