Legal Question in Wills and Trusts in Tennessee

I am from Tn, my husband passed away a year and a half ago. I was told sense his name is on the deed to our land, that I need to take his name off. He has 2 children by his first marriage, I have 1 by my first, and there is 1 we have together. I was told that his children could step in and calm part of the land. What I need to know is do I need to take his name off?


Asked on 8/12/17, 8:51 am

1 Answer from Attorneys
Dan Scott Scott Law Group, PC

You need to determine how the property was titled. If it is to Paul Roberts and wife, Mary Roberts (you are Mary in this example) then provided you were continuously married to Paul until the date of his death, then you own the property free and clear of creditors (other than a consensual deed of trust) and free and clear of his children. The nature of ownership in this we is that you and your husband owned as "tenants-by-entirities". When the first dies, the other takes 100% ownership outside the estate.

If your name is not on the deed, then you are entitled to a child's share, no less than 1/3 assuming you've been married a while.

Hope this perspective is helpful.

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Answered on 8/12/17, 9:15 am


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