Estate Planning, Wills, and Trusts

Estate Planning is the process of protecting your assets and ensuring that your property is distributed according to your wishes. At Kious, Rodgers, Barger, Holder & Kious, PLLC, we can assist you and your family with your estate planning needs, whether it be preparing a simple Will or creating a complex estate planning strategy.
Legal Advice

Q: I inherited real property. How do I get the property into my name?

A: In Tennessee unless real property is specifically devised in a Will, it passes immediately at death to the heirs at law of the deceased individual. So for example, real property owned by parents will pass to the children (each getting an equal share) upon the parents’ deaths unless otherwise specified in the parents’ Wills. Theoretically nothing is needed to insure that the real property is conveyed to the heirs – it happens automatically by law. However, if real property is specifically devised through a valid Will, it will be necessary to either open a full probate estate, or if a full probate is unnecessary, open a limited probate simply for the purpose of administering the real property (this is called muniment of title). If you have inherited real property (through a Will or otherwise), you should contact an attorney to insure that the proper procedures are followed.