Signing a quitclaim deed without going through probate?
2 attorney answers
You should consult with a Tennessee Probate Administration attorney to discuss options for transferring your daughter's property rights to her heirs. Your daughter's new spouse or next of kin will have the right to make an application for the administration of her estate. Because you live in another state, you should understand that no nonresident of Tennessee may be appointed as the personal representative of an estate of a decedent unless the Court also appoints a Tennessee resident as a co-fiduciary.
When a court appoints the new spouse or a next of kin as a personal representative, he or she can ask the probate court to find that the former spouse has no right to take a share of your daughter's estate. The personal representative can also petition the divorce court to enforce the Divorce Decree by requiring the former spouse to execute any document(s) necessary to effectuate the terms of the Court's Divorce Decree.
As to your question, is this legal? Tennessee's intestate law provides a share of your daughter's estate to her husband, so since your daughter died without a will, the former spouse is not entitled to a share of your daughter's estate. Even if your daughter had a will naming the former spouse, Tennessee's will law treats former spouse as if the former spouse predeceased your daughter, extinguishing the former spouse's rights to a share of your daughter's estate.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. This information is being provided for informational purposes only and should not be considered as legal advice or a legal consultation. It is not intended to create any attorney/client relationship of any kind. Mr. Frazier always recommends that you consult an attorney prior to making any legal decisions.
You will need to seek the advise of someone licensed in that state. I would choose someone who is well versed in real property and probate law. It is likely that both you and her ex-husband will need attorneys for this.
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