Real Estate Law Archives - Page 4 of 4 - Tressler Associates

The attorneys at Tressler & Associates regularly work with clients who own out-of-state real estate. Owning real estate outside of Tennessee drastically affects estate planning, so it’s always something we ask new clients if they have. 

There are several laws to consider when clients own real estate outside of Tennessee. You have to contend with Tennessee’s and the other state’s estate planning laws. You should always make sure your estate planning attorney knows every state in which you hold property.  

What is Out-of-State Real Estate?

“Out-of-state real estate” includes everything from a beach mansion in California to a small, empty plot of land in the Midwest. Did you know that without proper planning, your heirs will have to do a probate proceeding in Tennessee and any other state you own property in? Real estate outside of Tennessee doesn’t transfer through Tennessee probate proceedings.

Thankfully, there is an easy way to prevent this hassle. The most common way to avoid multiple probate proceedings is by placing the property in a Trust. By using a simple Trust, your family can usually avoid probate proceedings. Sometimes, the laws of other states don’t allow it. 

Why Do You Need An Estate Planning Attorney?

At Tressler & Associates, PLLC, we can build a Trust that suits your needs. We can also draft the deed necessary to place your Tennessee real estate into that Trust. Then, we will work with attorneys in the other state to transfer the rest of your real estate into the Trust. As simple as this process is, it is rarely done. Without it, you risk leaving your heirs with a mess on their hands.

Even if you do not currently own a piece of real estate outside of Tennessee, consider this technique. You can start creating a Trust in advance of a purchase. We can build the Trust so that it is ready to receive that second piece of real estate whenever you make the purchase or not.

One of our goals is to make the transition of assets to your heirs as seamless as possible.  

Contact the Estate Planning Attorneys at Tressler & Associates 

For assistance with passing down out-of-state real estate, our estate planning attorney at Tressler & Associates has the experience to help you. This is a complicated process for anyone without the necessary experience to complete it. We’ll make sure that after you pass, your family will not have to deal with multiple probate proceedings. Contact us for help today.

We have seen many situations where a real estate contract is signed just before something goes wrong. Many discover that the person who signed the contract to sell a property is not the same person who holds the title. Once we begin asking questions, we soon find out that the title holder has passed away. The person selling the property is actually the spouse, child, or executor. This causes whole real estate transactions to fall apart all the time.

Can You Save Your Real Estate Transactions?

What do you do then? Well, it depends. As generic as it may sound, this answer greatly applies to this situation. There are many factors that may play into the process of closing on that contract. For example, here are a few questions to ask the seller:

The list goes on. However, the good news is, once we can get these answers, we can come up with a comprehensive plan for you. This way you can come as close as possible to the constraints of your original contract. You will want someone who has handled many of these transactions to be advising you on this important sale.

Contact Tressler & Associates for Help

Make sure the property you’re trying to purchase is actually owned by the seller. If you find out they don’t, we can help you figure out why and help you get the property you want. If you’re trying to sell property left to you by a loved one who passed away, we can help. Let us make sure you have proof of ownership and can sell the property without any issues.

Whether you have a signed contract on real estate or not, contact us. We can walk you through the process that would apply to your specific scenario.