In re Estate of Vincent

98 S.W.3d 146 (2003)

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In re Estate of Vincent

Tennessee Supreme Court
98 S.W.3d 146 (2003)

Facts

George Vincent purchased a home and financed it with a mortgage. George later executed a deed conveying the home to himself and his nephew, William J. Vincent (plaintiff) as joint tenants with right of survivorship. George made all mortgage payments on the home while he was alive; however, the mortgage went into default after George’s death because William did not make any mortgage payments. George’s will left all of his real and personal property to John Oliver, with no mention of William, the home, or the mortgage. The will directed the executor of George’s estate (defendant) to pay all just debts of the estate and gave the executor discretion to pay any real estate installment debts from estate funds. William filed a declaratory judgment action, arguing that he was entitled to exoneration of the mortgage debt on the home. The trial court held that William was not entitled to exoneration because the home had passed by deed and was therefore not part of George’s estate. The court of appeals reversed, reasoning that George had been solely responsible for the mortgage debt and had made all of the mortgage payments during his lifetime and that therefore the mortgage was a just debt of the estate. George’s estate appealed.

Rule of Law

Issue

Holding and Reasoning (Drowota, C.J.)

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Wills, Trusts, and Estates

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