Legal Question in Wills and Trusts in Tennessee
Mother dies leaving no will
My mother dies leaving no will or statements of what she wanted to happen to her property. There are 5 kids to split the small amount of money, and sell the home at some time, but the deal is it is all in my mothers name and no benifishery and this includes her car she had. the only item she had was a power of attorney for her medical conditions if she was incapable of signing something while in the hospital. what do we do to get the deed to the house and title of the car in all 5 kids name. Do we have to probate.
2 Answers from Attorneys
Re: Mother dies leaving no will
I presume from your mesage that your mother died a single person. Dying without a Will is known as dying intestate. The court process for someone dying without a Will is known as the administration of an estate versus probate where someone dies with a Will. In order to vest clear title in the house and car in the five children, especially the house, your mother's estate would need to be administered by the court. That way, a title insurance company would be willing to insure the property for the new buyer.
Re: Mother dies leaving no will
To get your mother's property transferred to her heirs would requires court administration. This involves, filing a petition, having an administrator appointed, filing an inventory, marshalling the estate, etc. I can help 423 266-4855
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