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Tax, SDIRAs & Cost Segregation

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Michael Campbell
  • knoxville, TN
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How to avoid probate

Michael Campbell
  • knoxville, TN
Posted Jan 17 2015, 05:53

Hi all

I have been recently contacted by a couple of different people here in Tennessee, regarding properties that they want to sell. both are having to do with the death of the owner. 

The first one was the niece of the owner who has not passed away yet, but is expected to very shortly. She called because I had mailed a letter to the owner and she wanted to let me know that the owner was probably going to die soon and, once she does, she is going to want to sell it. She also said that the owner's daughter is living there currently, but is in agreement to sell the house. I do not know whether there is a will in place or not, I have tried to call her back and see what is the case in regards to that. But assuming that there is nothing in place (the county records show ownership being solely with the dying aunt), what is advisable to avoid the probate process in Tennessee. 

The second scenario: I was called by the daughter of one who is recently deceased. She is wanting to sell the house that her mother was said to be the owner of. She said she wanted to sell without having to go through the probate process, if possible. I told her that she was probably going to have to, since (according to her) she has nothing that grants her automatic ownership of the property. On the phone, she stated that the house originally belonged to her grandparents who are deceased. She said that it was then passed to her mother who died as of less than two weeks ago. Upon looking up the property records, I discovered that the grandparents are recorded as being the current owners as of about 1960. 

Any thoughts or suggestions on these two scenarios? They both seem to be great opportunities if they can be worked. I don't want them to go into probate and become public!

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