Memphis Lawyer For Estate Planning: Real Estate Property Transfers
Managing the transfer of a home or land after a relative passes away involves specific legal responsibilities. Under Tennessee law, your rights to these assets depend on how the title is held. Resolving ownership issues early allows you to sell, renovate or live in the property without legal interference.
At Crislip Philip, we represent families managing real estate in Shelby County. Our firm serves as an approved title agent for First American Title Insurance Co. and Mississippi Valley Title Insurance Co. to resolve title issues.
Tennessee Laws For Real Estate After Death
In Tennessee, real property belonging to someone who dies without a will (intestate) vests in their heirs immediately under Tenn. Code § 31-2-103. While this transfer occurs at the moment of death, the public record must be updated to reflect the new owners.
Instead of seeking probate court approval for every deed, we often use an Affidavit of Heirship per Tenn. Code § 30-2-712. Once recorded in Shelby County, this document serves as evidence of the title transfer. We help you prepare these filings or, if necessary, initiate probate petitions to establish legal claims to the home.
Transferring Property Outside Of Probate
Trusts and specific deed structures allow real estate to pass to beneficiaries without court involvement. A revocable living trust keeps the transfer private and out of the court system. While traditional strategies include life estate deeds or joint tenancy with right of survivorship, Tennessee also recently updated its laws regarding property transfers. These strategies can reduce the costs and time associated with the public probate process.
Resolving ‘Heir Property’ In Memphis
“Heir property” occurs when multiple relatives inherit a single property without a management plan. This fractional ownership can prevent any single person from selling or mortgaging the land. Common title problems in Shelby County include unrecorded quitclaim deeds or ancient liens. If heirs cannot agree on how to use the home, a partition action under Tenn. Code § 29-27-101 may be used to divide the land or sell it and distribute the proceeds.
How Estate Planning Can Help You
Creating a plan today helps your family avoid litigation. By establishing a trust or using specific vesting language in your deeds, you remove the ambiguity that leads to conflict. Our team drafts documents to protect your equity and simplify the transition for your family.
Start Your Property Transfer
Contact Crislip Philip online to resolve your property inheritance questions. We manage the details of property transfers so you can focus on your family. Call 901-201-5078 to speak with a lawyer in Shelby County about your real estate.