In Re: Estate of Michael Denver Shell

Case Number
E2017-02146-COA-R3-CV

In this probate action, the intestate decedent owned real property at the time of his death that was titled solely in his name. The decedent’s spouse subsequently died within 120 hours of the decedent’s death. The trial court ruled that, pursuant to Tennessee Code Annotated § 31-3-120 (2015), the spouse’s heirs possessed no claim to or interest in the real property at issue. The spouse’s heirs have appealed. Discerning no reversible error, we affirm the trial court’s ruling. We decline to award attorney’s fees to the decedent’s estate as damages, determining that this appeal is not frivolous.

Authoring Judge
Judge Thomas R. Frierson, II
Originating Judge
Judge M. Nicole Cantrell
Case Name
In Re: Estate of Michael Denver Shell
Date Filed
Dissent or Concur
No
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