My wife has just passed. We owned 3 properties, 2 jointly and 1 in her name. Do I need to go through probate on the one that is in her name only ?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My wife has just passed. We owned 3 properties, 2 jointly and 1 in her name. Do I need to go through probate on the one that is in her name only ?
We are tenants to 1 of the joint properties. Our son lives in the other property
that we own jointly. Her mother lives in the property that she has in her name.
Asked on September 6, 2017 under Estate Planning, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, the property in her name only must go through probate. All real estate which does not pass automatically to a surviving co-owner due to joint tenancy or the two people owning it together as "tenants by the entirety" must be probated to transfer legal ownership.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.