Legal Question in Wills and Trusts in Tennessee
If we have our deed retyped to add our 2 children's names, will this avoid our deed going through probate?
Asked on 1/14/10, 10:07 am
1 Answer from Attorneys
Caitlin Moon
C2Law
If you and a spouse own real property together, you likely hold title as joint tenants with right of survivorship. This means that, when one of you passes away, the title to (ownership of) the property will automatically transfer to the surviving spouse. If you do hold title in this way, then the property will NOT pass through your probate estate, and the deceased spouse's share in the property will go automatically to the surviving spouse.
Answered on 1/19/10, 10:31 am