What Happens if you Renounce an Inheritance?

In Tennessee probate cases, a disclaimer means an heir or beneficiary chooses not to accept property they were set to inherit. People may disclaim an inheritance for many reasons, including tax planning, creditor protection, Medicaid planning, or because they want the property to pass to someone else. Under TN Code § 31-7-105 and TN Code § 31-7-106, when a person properly executes and files a disclaimer, the law treats that person as if they died before the decedent for purposes of distributing the estate.

In practical terms, this means the disclaimed property does not pass through the person who refused it. Instead, it goes to whoever would have received it if that beneficiary had already died. For example, if a will leaves assets to a son and he disclaims his share, the assets may pass to his children if the will so provides, or to another alternate beneficiary named in the will. If there is no will, Tennessee intestacy law determines who is next in line, again treating the disclaimant as though he or she predeceased the decedent.

A will or trust can change this result if it clearly provides for a different outcome. But unless the governing document expressly overrides the statutory rule, the default approach applies, even if it accelerates contingent or future interests.

Georgia follows the same general rule. Under Ga. Code Ann. § 53-1-20(f)(1)(A), a person who properly renounces an inheritance is likewise treated as having predeceased the decedent, and the property passes as though that person had not survived, unless the will or other governing instrument clearly directs a different result.

What Happens When a Witness Will Not Swear an Oath?

It is not unusual for a deposition witness to say they will not swear an oath. The reason is often religious or personal. When that happens, the immediate concern is whether the deposition can still go forward and whether the testimony will hold up later.

In most cases, it can.

Oath or Affirmation

The law has long allowed for the fact that some people object to swearing an oath. As a result, both state and federal rules permit a witness to testify under an affirmation instead.

An affirmation has the same legal effect as an oath. The witness is still required to tell the truth and is still subject to penalties for perjury. The only difference is in the wording, not the consequences. For deposition purposes, an affirmation fully satisfies the requirement that testimony be sworn.

Written Declarations Are Different

Lawyers regularly use written declarations made under penalty of perjury. They are common in court filings and administrative matters and are often used instead of notarized affidavits.

In Tennessee state court, Rule 72 allows an unsworn declaration under penalty of perjury to be filed in place of an affidavit or sworn declaration when the rules call for one. In practice, this rule is used for documents filed with the court and should be treated as limited to that setting.

Federal law goes further. Under 28 U.S.C. section 1746, unsworn declarations may be used in many federal court and agency matters, and many practitioners rely on that statute routinely.

But there is an important line that neither rule crosses.

Depositions Are the Exception

Neither Tennessee Rule 72 nor the federal statute allows unsworn deposition testimony under penalty of perjury. Using a written declaration as a substitute for sworn deposition testimony is not authorized and can create avoidable problems later in the case.

Both sets of rules do, however, allow affirmations in depositions.

The Practical Answer

When a witness refuses to swear an oath, the solution is straightforward. The witness should be affirmed, the reporter should note it on the record, and the deposition can proceed as usual.

Handled this way, the testimony carries the same weight and is just as admissible as testimony given under oath.

Transfer on Death Deed Affidavit

To accept real estate under the Transfer on Death Deed, Georgia requires an affidavit executed by the grantee (the one receiving the property) as follows:

(1) Verification of the record owner's death;

(2) Whether the record owner and the designated grantee beneficiary were married at the time of the record owner's death; and

(3) A legal description of the real estate.

The Grantor’s death certificate must be attached to the affidavit as an exhibit. Remember to black out the grantor’s social security number.

A template of the affidavit might look like this (for information only, you must prepare your own affidavit):

STATE OF GEORGIA 

COUNTY OF

AFFIDAVIT

Personally appeared before me, the undersigned officer duly authorized to administer oaths, who, being first duly sworn, states as follows:

 1. Affiant Information 

My name is ______________________________ (“Affiant”), and I am of lawful age and competent to make this affidavit. I have personal knowledge of the facts set forth below.

 2. Verification of Record Owner’s Death 

The record owner of the real property described below was ______________________________ (“Decedent”). Decedent died on or about ______________________ [date of death], as evidenced by the attached certified copy of the death certificate or other official record.

 3. Marital Status at Time of Death 

At the time of Decedent’s death, Decedent [was / was not] married to ______________________________, who is the designated grantee beneficiary under the relevant deed or transfer on death instrument.

 4. Legal Description of the Real Estate 

The real property that is the subject of this affidavit is located in __________________ County, Georgia, and is more particularly described as follows:

 [Insert full legal description from the deed or other instrument]

 Example: 

ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot ____ of the ____ District, ____ Section, ____ County, Georgia, being Lot ____ of ____ Subdivision, as per plat recorded in Plat Book ____, Page ____, ____ County, Georgia records, which plat is incorporated herein by reference.

 5. Purpose of Affidavit 

This affidavit is made for the purpose of complying with OCGA § 44-17-2 (2024) and verifying the death of the record owner, clarifying the marital status of the record owner and designated grantee beneficiary at the time of death, and providing a legal description of the real estate, to support appropriate transfer or recording under Georgia law.

FURTHER AFFIANT SAYETH NOT.

 _______________________________ 

[Affiant’s Name]

Subscribed and sworn to before me 

this ____ day of __________________, 20____.

_______________________________ 

Notary Public

My Commission Expires: ___________________

Publication in Georgia Tax Sale Redemptions: How Outside Investors Can Steal Your Deal

When a tax sale purchaser in Georgia wants to foreclose on the right of redemption, state law requires them to give notice to the tax debtor and any interested parties. That process includes publication in the county’s legal organ.

This publication requirement is critical for due process — it’s the mechanism that is part of clearing the title after the redemption period expires. But it also creates a business opportunity for others.

Many investors track these legal notices closely. Once a foreclosure-on-redemption publication runs, savvy investors will get notice and often go to great efforts to contact the tax debtor directly. Their pitch is simple: “Sell us your redemption rights.” If the debtor agrees, the investor can step in, redeem the property, and potentially negotiate a profit.

For the original tax sale purchaser, this means publication can invite competition. Instead of moving smoothly toward a quieted title, you may face a last-minute redemption financed by another investor.

Practical Takeaways

• Make a deal - if you can make a deal with the tax debtor, do it before someone else does

• Publication is mandatory — you can’t skip it.

• Expect outside interest — assume other investors will notice the publication and may contact your debtor.

• Timing matters — the sooner you move after the one-year redemption period ends, the less time there is for competing investors to interfere.

• Clear communication with your counsel about deadlines and strategy can help protect your investment.

What Happens to a Georgia Security Deed with a Transfer on Death Deed?

A Transfer on Death Deed (TODD) lets you name a beneficiary to inherit real estate without going through probate. But if there’s a loan on the property (or security deed), it does not disappear when the owner dies. Here’s what you need to know:

1. The Mortgage Survives Death

The lender still has an interest the property and a right to be paid. The beneficiary takes ownership subject to that security deed.

2. The Beneficiary Must Pay to Keep the Property

The beneficiary is not personally liable for the loan unless they also signed the note. However, they must continue making payments, refinance, or pay it off if they want to keep the property. If payments stop, the lender may foreclose.

3. Due-on-Sale Clause

Normally, a transfer could trigger the 'due-on-sale' clause. But under federal law (the Garn–St. Germain Act), a transfer on death to a family member or joint tenant often does not trigger acceleration. You should confirm with the lender.

4. Effect on the Estate

The TODD avoids probate, but the security deed remains. The estate’s other creditors cannot eliminate the lender’s lien; the security deed has priority over other debts.

Is a property address good enough to describe property in Georgia?

In short, no.

It’s tempting to do your own deed and in templates, it would be easy just to put the address. After all, that is how we think of “describing” our property.

While street addresses may be included for convenience, they are not legally sufficient on their own. Addresses change and boundary lines are often imprecise.

In Georgia, a deed must contain a legal description of the property that is sufficient to identify it with reasonable certainty. (See Gould v. Gould) This description may be a metes-and-bounds (measurements and landmarks) survey, a lot and block reference from a recorded subdivision plat, or a reference to a prior recorded deed containing an adequate description.

Additionally, old deeds would sometimes identify all the surrounding properties as a way to describe the location. This may still pass muster, but you are at the whim of all the neighbors for where your property lines actually are. At best, you are likely just delaying obtaining a proper survey. At worst, you might have to fight out a quiet title action.

If you are trying to prepare your own deed, you need to understand how to insert a proper legal description, never just an address.

Can Two People Sign a Transfer-on-Death (TOD) Deed in Georgia?

Can Two People Sign a Transfer-on-Death (TOD) Deed in Georgia?

Yes. But the requirements may be different based on how you own the property - whether joint tenants with right of survivorship (JTROS) or tenants in common (TIC). (Learn more about JTROS AND TIC here)

In Georgia, if a property has two record owners, each must sign the same Transfer-on-Death (TOD) deed for it to be valid as to their respective ownership interests.

When Multiple Owners Are Involved:

• Joint Owners as Grantors – All Must Sign

  • Georgia law allows a TOD deed to be recorded by a property’s record owner or owners.

  • If property is co-owned—especially as joint tenants with rights of survivorship—then all co-owners (grantors) must join in executing the TOD deed.

  • Only after the last surviving co-owner dies will the beneficiary acquire the property.

  • Without signatures from every co-owner, the deed cannot effectively transfer that individual’s share at death.

• Tenants in Common – Separate Deeds Allowed

  • In a tenancy-in-common, each owner holds a distinct share of the property.

  • Each co-owner may independently execute their own TOD deed covering only their interest, without requiring the consent or signature of the other owners.

Do you really need to initial every page of your mortgage?

In real estate transactions, it is common practice for parties to initial each page of a mortgage or deed- but is this legally required? Here’s a look at how courts across jurisdictions have handled this question:

1. Witness Signatures and Attestation – Not Initials- Often Determine Validity

   In Wells Fargo Bank, N.A. v. Gordon (In re Codrington), 691 F.3d 1336 (11th Cir. 2012), the Court held that a mortgage’s validity hinged on proper attestation, not on where initials or signatures appeared. Ultimately, the deed in question was deemed unrecordable under O.C.G.A. § 44-14-33 due to the lack of proper attestation—not because it lacked initials on each page. The court states that, “we think that Wells Fargo appears to have a colorable argument that Georgia law does not require the attestations to be found in a particular place in every document (the signature page), as Gordon’s position seems to imply.” (Wells Fargo Bank, N.A. 691 F.3d at 1354-55)

2. Initials Not Generally Required for Enforceability

   In 21647 LLC v. Deutsche Nat’l Tr. Co., 632 F. Supp. 3d 270 (S.D.N.Y. 2022), the court confirmed that the absence of initials on each page of a mortgage did not affect the plaintiff’s status as a bona fide purchaser. The court made clear that unless a statute or contract explicitly requires initials, the failure to include them will not render a mortgage or deed invalid.

3. When Initialing Matters: Implied Consent to Terms

   While not typically a legal requirement, courts have occasionally considered initials as supporting evidence of a party’s assent to particular provisions—especially those that may later be subject to dispute.

   • In Lacey v. EMC Mortg. Corp., U.S. Dist. LEXIS 41400 (W.D.N.C. Apr. 6, 2011), the Court considered the presence of initials as indicative of the party’s consent to the contents of each page. This could be particularly relevant in an instance where, for instance, an arbitration clause is contested.

4. Initials Are No Substitute for Signatures

In Wells Fargo Bank, N.A. v. Hall, 95 Va. Cir. 377 (Cir. Ct. 2017), the Court emphasized that initialing every page does not compensate for a missing required signature. In other words, initials may demonstrate agreement, but they do not replace formal execution requirements under applicable state law.

Bottom Line:

While initialing each page of a deed/mortgage can serve as a helpful safeguard against disputes, case law suggests it is not typically required for the deed to be recordable- unless specified by state law or contract terms.

Courts place greater emphasis on whether the document is signed, properly attested, and whether its terms are clearly agreed upon. Still, initialing may serve as strong evidence of consent, especially in cases where the enforceability of specific provisions- like arbitration clauses- is challenged.

What happens with a deed in lieu of foreclosure?

A deed in lieu of foreclosure is an agreement where a borrower voluntarily transfers ownership of their property to the lender to satisfy a defaulted mortgage or loan and avoid formal foreclosure proceedings.

It benefits the lender, if the borrower is cooperative, in that it does not have to advertise and conduct a foreclosure. It may benefit the borrower by giving some room to make a dignified exit from her property. Sometimes, the lender will even offer money for moving.

It will still be a hit to a borrower’s credit and will likely prevent her from getting certain loan types, like a FHA loan, for several years.

If you are able to sell the house, you will almost certainly do better. A good realtor will be adept at this, knowing who will buy a house in this situation, and realizing that speed is essential.

In my experience, a candidate for a deed in lieu has a relationship with the lender, often a smaller lender, and doesn’t have the wherewithal to get the house ready for a proper listing and sale.

How it works:

• The borrower is in default (or about to be).

• Instead of going through foreclosure, the borrower (the homeowner) signs a deed transferring the property to the lender.

• In return, the lender cancels the debt (in whole or sometimes in part). Beware, often the lender does not cancel the debt when the deed in lieu is transferred. The deed in lieu will have a provision about this, that the lien is not cancelled. Instead, the lender waits until it transfers the property again, to a third party, before it cancels the lien of the borrower. The lender does want to give up any of its rights to the debt in case something unexpected happens to the borrower.

Key Features:

• Avoids foreclosure: Less damaging to the borrower’s credit than a formal foreclosure.

• Saves time and costs: Lenders can regain title without going through court or auction.

• Typically requires lender approval: The lender won’t accept a deed in lieu unless they’re confident there are no junior liens or title defects.

• No deficiency judgment: Many agreements specify that the lender won’t pursue the borrower for any unpaid loan balance.

Risks:

• If there are other liens, the lender will prefer foreclosure to wipe subordinate liens. Plus, the “seller” is still on the hook for those liens.

• It’s generally considered loss mitigation—not debt forgiveness for tax purposes, so the borrower will likely get a 1099 and might have to pay substantial taxes.

• The borrower will still likely take a big credit hit, but sometimes not as big as a foreclosure.

• A bankruptcy court could strike the deed in lieu, if it appears the lender is trying to get around priority rules. 

Can a clause from an 1820’s document shut down a current real estate development?

Construction of Memphis Brooks Museum of Art Halted Amid Legal Dispute

Construction of the $180 million Memphis Brooks Museum of Art (MAM) has been at a

standstill for nearly four years due to a legal dispute over land use. The core issue revolves

around whether the project violates an 1820 riverfront easement, which mandates that the land

be preserved as a "promenade" for public use.

The controversy began when Friends for Our Riverfront, a local advocacy group, filed a 284-

page lawsuit against both the Brooks Foundation and the City of Memphis. The group claims

that the museum’s construction infringes upon the 1820 easement. Since the lawsuit was filed,

the project, which broke ground in 2021, has been delayed as the court determines whether

construction can continue.

Ownership and Control of the Land: The Heart of the Dispute

At the center of this legal battle is a question of ownership and control over the land in question.

In their petition, Friends for Our Riverfront—along with descendants of historical figures like

Virginia O. McLean (a descendant of Judge John Overton) and Elizabeth O. Snowden (a

descendant of Judge Overton)—argue that the heirs of the original landowners—President

Andrew Jackson, Judge John Overton, General James Winchester, and their associates—retain

ownership of the riverfront property.

The petitioners contend that the original 1819 Plan of Memphis dedicated the land for public

use, including the “Public Promenade,” which was to be the “crown jewel of the riverfront”.

According to their claims, the heirs maintain fee title to the land, while the public holds an

easement to use it as a promenade. They argue that the City of Memphis has no ownership

interest in the land but merely serves as a trustee, responsible for maintaining the public’s

easement. See Memphis v. Overton, 216 Tenn. 293, 392 S.W.2d 98, (Tenn., 1965).

Bruce McMullen, who represents the city and the Brooks Foundation, argues that the museum

aligns with the city’s commitment to public use, and that “the use is for the current-day

administration to decide.” Historically, the site housed a fire station and a city-owned parking

garage uses that Friends for Our Riverfront never contested.

The Broader Impact on Memphis Riverfront Development

Ultimately, the court will make the decision with the scales tilted toward approving construction

the MAM. Even if a reverter clause, or use easement, doesn’t prohibit a particular use, the MAM

episode shows that it can certainly stall the process and increase the costs. It shows the

importance of knowing your title documents.

Sources:

Friends for Our Riverfront Page

2023 Petition

Article from the Daily Memphian (March 4, 2025)