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Can I sell my house in Nashville, TN?
Anonymous7 views4 answers
My husband passed away in March, 2015. My name is on the title, but not on the mortgage. I need to know if I need to probate the sell to get the proceeds. Can I legally sell the house ? I do have a will.
How is title held to the house? If the house is held as joint tenants then your husband's interest in the property will go to you by operation of law. If title is held as tenants in common, then you need to transfer his interest to you with the assistance of an attorney. You should consult with a local probate attorney in your area. Selling real estate is not a do it yourself project.
Contact an attorney licensed in TN to review the deed to the property and your husband's Will. If the real estate is titled with rights of survivorship, you may be able to sell the real property without initiating a probate proceeding. It will also be worth noting whether the Will grants the executor/personal representative with authority to sell real estate. In many states, the executor/personal representative cannot sell real estate without court approval unless the Will specifically states that the executor has the authority to sell real estate. To be sure, you should contact a local attorney and request a consultation so that the attorney can review the pertinent documents and advise you how to move forward.
W. Tyler MellingEstate Planning AttorneyCedar City, UT ·
I agree with the other attorneys. You are transferring real estate via probate, so you want to make sure it's by the book. Any probate attorney in your area should be able to help. Good luck.
If the property is titled to you and your husband, in Tennessee it is presumed to be a survivorship deed unless the vesting language specifically says otherwise. If that is the case, you can sell the house and keep the net proceeds without any probate issues. I would be happy to review the deed for you as this is a very basic issue as far as the house is concerned.