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In Tennessee when one spouse dies without a will what becomes of the property they own jointly?
Wiki User
∙ 17y ago
I live in Tennessee . Neither my husband or myself have a will and own several hundred acres and our home. We were checking in to this as he said we didn't need a will. Was told by a lawyer that joint property became sole property of the surviving spouse. Part of our property was his before we were married.When his aunt died and a battle ensued over her property ,between her husband of 20 years and her brothers , it made me go check out things for the protection of me and my children.After seeing how his uncles treated his aunts husband ,I felt we needed some changes even if it cost us a little money. Title search , surveying and drawing up new title on land cost us about $600. People may run into trouble when there is property that one had before the marriage and it has never had the other spouses name put on it. Many assume that when you marry it just automatically becomes the property of new spouse.In this case was told that two thirds of the property in question goes to any children ,be it one child or a dozen. The remaining third goes to the surviving spouse and any other person , relative or debt holder that wants to put a claim against it. Was told this doesn't only apply to real estate but other property such as cars ,boats ,antiques etc. Personal items like clothe,books ,bed you sleep in .. are exempt. Not an expert .This is just what we ere told and now all of our property has both our names on it. I would still recommend a will and we are working on that. * As noted in the previous response all jointly owned marital property passes to the surviving spouse under the state's Tenancy By The Entirety (TBE) laws. Property not acquired during the marriage is partitioned according to the probate succession laws in more or less the way cited in the previous response. Creditors have first claim against non exempt property and assets of the deceased before any property or assets can be distributed to heirs and/or family members. Go to your local court house and get the information you need. In Virginia, you still have to file for probate even if you have a trust or a will. Probate is just a simple review so that the "government" knows that all is on the up and up. In Tennessee, the law may be different, so check with the Clerk of Court they are very helpful and will fill you in with the details. You will probably just need to legally remove the deceased name from the property deed or loan. If the spouse is still living, see a lawyer and have a will or a trust done right away!
Wiki User
∙ 17y ago
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Can I refinance a jointly owned home without the consent or signature of the other person who jointly owns the property and is also on the deed?
You can only encumber your own interest in the property. You cannot affect the co-tenant's interest in the property without their consent.
Can on a jointly owned property be changed without the other owner's signature?
You cannot make any changes to the other owner's interest in the property without that owner's consent and signature. For example, if you sell the property the grantee will only receive your own one-half interest.
Can your husband do estate planning without your signature?
Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.Generally, he can do his own estate plan without your consent. He can create a plan for the distribution of his own estate but he cannot include your interest in any property nor can he add to the plan any property in your sole ownership. He cannot cut off any survivorship rights you have in jointly owned property.
What should you do if your husband and you jointly bought a property but he mortgaged it without your knowledge and he is now overseas and the mortgage company wants you to make payments?
you should get a devorce with him!!! i would.
What if an executrix rejects an offer on a property jointly owned without knowledge or consent of one heir?
That is the option of the executrix. They don't have to get permission from every heir to manage the estate.
Can you take out a second mortgage against a property jointly owned by your ex and you without her permission if your name is on the deed in Pennsylvania?
The bank will require the other owner's signature on the loan.
Can you build an extra room on joint property without permission of the other owners?
No. You would need the written permission of all the other owners. The other owners may view your construction as damage to the property. You cannot take that liberty with jointly owned property.No. You would need the written permission of all the other owners. The other owners may view your construction as damage to the property. You cannot take that liberty with jointly owned property.No. You would need the written permission of all the other owners. The other owners may view your construction as damage to the property. You cannot take that liberty with jointly owned property.No. You would need the written permission of all the other owners. The other owners may view your construction as damage to the property. You cannot take that liberty with jointly owned property.
Can someone put a lien on your home when it is a personal loan and what if the house is jointly owned and the owners are not married?
A Mechanic's lien can be placed on a jointly owned home without the necessity of a lawsuit. All other liens against real property even that which is jointly owned must be obtained through the prescribed legal procedure (lawsuit) of the state in which the property is located.
Can prospective joint owner of a field decide to fence off an area and create a separate gateway without agreement of the other prospective joint owner?
First, a prospective owner cannot do anything until they become the owner of the land. Second, one owner of a co-owned property cannot create their own separate area within the parcel without the written consent of the co-owner. In the case of jointly owned property, each owner has the right to the use and possession of the whole property.First, a prospective owner cannot do anything until they become the owner of the land. Second, one owner of a co-owned property cannot create their own separate area within the parcel without the written consent of the co-owner. In the case of jointly owned property, each owner has the right to the use and possession of the whole property.First, a prospective owner cannot do anything until they become the owner of the land. Second, one owner of a co-owned property cannot create their own separate area within the parcel without the written consent of the co-owner. In the case of jointly owned property, each owner has the right to the use and possession of the whole property.First, a prospective owner cannot do anything until they become the owner of the land. Second, one owner of a co-owned property cannot create their own separate area within the parcel without the written consent of the co-owner. In the case of jointly owned property, each owner has the right to the use and possession of the whole property.
If there is property left without a will and there are several siblings do all surviving siblings have to sign or approve to sell the property in Tennessee?
No, they do not have to sign. The executor of the will has the authority to sell the property. But they must have the permission of the court to do so. The other beneficiaries will then be able to state their position. Consult a probate attorney!
Can a loan legally be obtain against a property that is owned jointly without notifying one of the owners?
You would need to consult an attorney/solicitor on this, the details could be complex. However, normally the lender cannot foreclose on the property and take possession in the case of a default if all the owners didn't sign.
How do you get property in your name if spouse dies without a will?
If the property is jointly owned by the married couple it generally reverts automatically to the surviving spouse and does not enter probate. If the married couple lived in a community property state the property does not need to have both names on the title for it revert to sole ownership by the surviving spouse. The procedure for changing deeds/titles to real property is established by state law. Contact the land recorder or assessor's office in the city or county where the property is located.
