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Video Guide on Tennessee Property Law management

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Commonly Asked Questions about Tennessee Property Law

Tennessee is not a community property state. Like most states in the Union, Tennessee has adopted equitable distribution as its governing law, which strives to make things equitable, not equal, between divorcing partnersa subtle, but important distinction.
No, Tennessee does not have an inheritance tax. In fact, most states do not impose inheritance tax, so it is very unlikely that you will have to pay an inheritance tax no matter where you live. Similarly, there is no federal inheritance tax, meaning if your state does not impose one, you do not have to pay one at all.
When someone dies with children, but no spouse, his or her children are entitled to the complete inheritance of the estate. If their parent was married when he or she died, though, the intestate estate is split evenly among all the children and the spouse.
Tennessee is an equitable distribution state. This means that once property is classified as marital or separate, the trial court must divide marital property equitably ing to the factors listed in T.C.A. 36-4-121(c). An equitable division does not always mean an equal division of property.
In Tennessee, estates with basic checking and savings accounts worth less than $15,000 do not have to go through the probate process for those assets to be distributed to heirs. In cases where an estates assets are worth less than $50,000, a court administration process is available to distribute the assets.
If you die intestate and you do not have either a spouse or descendants, the State of Tennessee dictates that the subsequent relative to inherit your estate is any surviving parents. If your parents survive you, your estate is distributed to them in equal parts.
Squatters who have lived on your property for at least 20 years could claim it legally as their own. If they have a color of title, the required time drops to seven years.
There are generally a number of types of living heirs entitled to inherit from a decedent, including: the spouse of the decedent; biological and adopted children, and their descendants; parents of the decedent; siblings of the decedent, and if they have died, their descendants (the decedents nieces and nephews); and