The Burdette
Law Firm
Lawyers: Germantown - Memphis, TN.
(901) 756-7878
in Germantown
(901) 756-6433
in Memphis

Answers to general legal questions posed by the general public

by Memphis Attorney Christina Burdette

Q: "Several years ago, my mother put my name with hers ...

....on the house in Hixson, TN that my grandmother had left to her when she'd passed away. 3 years ago, my mother passed away, survived by my father, older sister and myself. The county appraiser's office still lists the house in my and my mother's names. My mother's will left all her assets to my father. What is the current ownership of the home? Did my mother's 'part' of the house transfer to my father? My father and I have reasons to not want any ownership of the house to fall on my sister. What would we need to do to make that assured?"

A: Go to the county register's office...

...and get a copy of the current deed. Take the deed to an attorney and get a legal opinion on how the property is titled. Your mother could have named you as a joint tenant with right of survivorship. If that's the case, you are now the sole owner of the property. On the other hand, you may only own half of the real estate as a tenant in common with your mother. In that case, you own one-half of the property and your mother's half will pass under the terms of her last will and testament. You didn't mentioned whether your mother's will was admitted to probate. That may be necessary. You need to consult with an attorney.

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