Hello, I need advice on a quit claim deed in Tennessee.

First off, I'm sorry your mother is in such health. I hope her condition improves. Quit claim deeds transfer title to a piece of property from the title holder to another, new title holder. When this happens, the property becomes the legal possession of the new title holder. If the creditors are able by law to go after real estate, then they will likely be able to go after the house once it has been transferred. Here's the analysis of this situation: At some point you brother got something on credit and was given that credit by a creditor. He did not pay off the creditor, so he received something without fully paying for it. He still owes that creditor for letting him get something that he didn't fully pay for. That creditor deserves to be paid. As such, the creditor generally has the right to be paid from any type of income your brother receives because, again, your brother asked for and received credit to buy something. The creditor can likely force the sale of the home or at least demand your brother's share of the home value because the home is, in essence, income. Analogically, it's the same as if your brother received a bunch of money then went out and bought a house; the creditors should have been paid with that money because they gave him something on credit, but he decided he didn't want to pay them and bought a house instead, and he gets to enjoy owning a house AND the thing he got on credit, while his creditors are still left with nothing. Before buying anything he should have paid them off. Receiving a portion of a house is the same thing: your brother would get to enjoy having partial ownership of a house AND the thing he got on credit, while the creditors would be left empty-handed. This would be having his cake and eating it too. Just because it's a gift doesn't mean it's not income. If the creditors couldn't go after all sources of income, then your brother would never have to pay off the creditors because he would just claim that everything he ever receives is a gift. Your brother received something on credit because he decided he wanted to have that thing. He made a choice to incur the credit. Thus, he should have to pay off that credit. Your mother has every right to pass whatever property she wants to whomever she chooses. However, once that property has been transferred it is now the property of the transferee. If the transferee owes a debt, and he receives assets of almost any kind that can pay that debt, then he should have to pay his debt. The analysis would be the same whether your mother gave him money, bonds, stocks, antique cars, etc. Even if the item were something extremely emotional to your family, like an heirloom dating back 200 years, the creditors could generally still go after it because they gave something to your brother and he didn't give something in return (or he paid some and stopped paying). If your mother is trying to pass something to your brother without his having to pay creditors with his windfall, then your mother will likely be unsuccessful at all attempts. Once title to property passes to your brother, that property becomes part of his estate and thus subject to creditors. Your brother must pay with his own assets, and anything given to him becomes one of his own assets. To avoid creditors trying to force the sale of the house or any other legal headaches, your mother could give the value of the home to your brother; you and your siblings could take the home and together give your brother in cash what would be his share of the home; or no one could give him anything. But at the end of the day, the creditors have the right to be paid from your brother's assets, so all avenues for transferring the house will likely end with your brother having to pay his creditors.

I agree with Attorney Mason that your brother is going to need to pay his creditors, whatever he inherits. As far as providing for transfer of the real estate without it being subject to your brother's creditors, there are a number of ways of doing that. One of the best ways would be a trust. If the house is sold after your mother's death, your brother's share can either be held in the trust or it can be distributed to him, so he can pay off his debt. Either way, the house would not be subject to your brother's creditor claims. This should be handled by an attorney who can review your mother's entire situation, including all of her objectives, and determine the best planning options for her AND for you. James Frederick