Legal Question in Wills and Trusts in Tennessee
No will left and avoiding Probate
My grandmother passed away without leaving a will only a POA (my Aunt). She (my Aunt) wants to refinance the house for repairs but was told that the deed has to be in her name. Their are other siblings (no spouse) that has no interest in the home. How does she get the deed transfered without going through probate?
1 Answer from Attorneys
Re: No will left and avoiding Probate
The power of attorney ceased upon the death of your grandmother. Even though she did not have a Will, there are still heirs who have inherited the property. The house cannot be sold until your grandmother's estate is probated in the Court and the heirs placed in legal possession of the property by virtue of the probate. When someone dies without a Will, the estate in Court is known as an intestate administration.
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