Legal Question in Wills and Trusts in Tennessee

my mother passed away while still married but

My mother passed away in 2002.She owned commercial property valued at 600,000. Though she and my father were still married they had tried to divorce several times, but never did.I went to our local courthouse and found the original deed to the property and it stated that she was a ''single'' woman at the time she bought the property. His name is nowhere on the deed,( this was in 1992) and now I am wondering if they were legally seperated at the time.I live in a very small town, and my father is a very manipulative man, and has controlled everything since she passed away. Anyway I am afraid to approach the name of the lawyer who drew up the paperwork on the deed to find out if this couldbe the case (the seperation) or could this have been a horrible mistake made and make it possible for my father to make the whole deed null and void and keep me and my sister from getting our share.We all three are to get a third when it is sold.I know this is confusing, but there is so much involved there is no way I could write it all down.I just know (though I hate to say it) that my father has always been out for the money, and he still is.If you have any advice i would appreciate it as i don't feel comfortable talking to anyone in this town. thks


Asked on 9/14/05, 6:33 pm

1 Answer from Attorneys

Holland McKinnie T. Holland McKinnie, PC

Re: my mother passed away while still married but

Was your mother's estate admitted to probate, that it, was there anything filed with the Court after her death that you know of? Did she die with a will or without a will? If she and your father were still legally married at the time of her death, then he will have some right of inheritance, will or no will. You also state that you understand that the property is to be divided three ways upon sale. Is there some express provision stating that you do not have an immediate right of possession? You may currently be an owner, with the rights that attach to ownership. You are correct that there are many questions you need to have answered, and a lengthy discussion will likely be required to determine your current ownership of the property in question. You should consult with an attorney experienced in real property and probate law to evaluate your position. The only information provided on your post is your zip code, which I recognize as Fayette County. I have been in practice for a number of years in Franklin, but practiced in the past for a number of years in your area. There are a number of competent lawyers in your area, but I know that sometimes people desire to obtain advice from outside the local community. I am very familiar with the local bar and courts in your county, and will be glad to give you an objective opinion, as an attorney outside the local bar. I still handle matters in your area from time to time and would be glad to discuss your property questions with you if you would like. My address is shown below and my email is [email protected].

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Answered on 9/14/05, 8:03 pm


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