What to do about subdivided land for which no deed can be found?

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What to do about subdivided land for which no deed can be found?

2 daughters inherited some land and divided it in half but never filed the quitclaim deeds. Now 1 of the daughters has passed and the remaining daughter cannot find her signed, original deed that the deceased daughter signed years ago. The deceased daughter’s executor says she has to sue the estate of the deseased to make the land split correct. He will not contest it. What are the options?

Asked on October 27, 2010 under Real Estate Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  The executor of the estate is probably correct.  If the land is in the name of both of your daughters then your living child needs to sue the estate of the deceased child in what is called an action for partition. A partition action is where you ask the court to divide the lands owned by joint tenants in to separate portions so that each can hold a share apart form the other.  If the executor will not oppose the action then it is probably your easiest and quickest form of relief. Then a new deed will be able to be executed and filed and that will be that.  Good luck.


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