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Joint Ownership & Rights of Survivorship Unfortunately, Tennessee does not allow transfer-on-death deeds, a popular tool used to efficiently distribute real property in other states.
An affidavit of heirship is the simplest way of transferring real property after a person has passed away. When a person dies in Tennessee without a will, real estate immediately vests in the heirs of the decedent.
A Tennessee deed must include a derivation clause identifying the deed or other instrument that is the source of the current owner's title. If the current owner received the property through a recorded deed, the derivation clause must identify the type of deed, book and page number, and recording office.
For example, if John sells his property to Jane, the derivation clause in the deed of trust would state that John was the previous grantor and the recording date of the deed. This information is important for future reference and to ensure that the title is clear and free of any encumbrances.
However, Lady Bird deeds are not recognized in Tennessee.
A life estate deed is a legal document that changes the ownership of a property while allowing you to live there until death. It might be useful for those wanting to avoid the probate process in Tennessee, ensure the future ownership of their property, or even qualify for Medicaid.
The Validity of Lady Bird Deeds in Tennessee The individual also retains the right to sell, lease, or mortgage the property without the beneficiaries' consent. However, Lady Bird deeds are not recognized in Tennessee.
A grant deed, also known as a special or limited warranty deed, is a legal document used to transfer real estate between a previous owner (the grantor) and a new owner (the grantee). A grant deed warrants that: The grantor has not transferred the property to anyone else.