Ep. 27: Blaine Smith: Avoiding Probate Pitfalls in Real Estate Closings

"When it comes to real estate specifically, the biggest thing, of course, is title—making sure you have clean title and making sure you know who owns the property." — Blaine Smith What happens to real property when an owner dies? And how can something as simple as omitted language in a will derail a real estate closing? In this intellectually rich but highly practical episode of the Real Estate Mail Bag, we sit down with prominent Nashville trusts and estates attorney Blaine Smith of Bass, Berry & Sims to unpack the estate planning issues that most often surface in real estate transactions. Blaine works with high-net-worth individuals on estate planning, estate administration, and related legal issues, and he regularly advises trustees, executors, and beneficiaries on probate and fiduciary matters. In our conversation, Blaine explains how title controls what happens to property at death, why Tennessee law can create unexpected complications for heirs, and what language in a will can empower an executor to sign documents and keep a transaction moving. We also discuss common pitfalls involving trusts, joint ownership, and out-of-state property, along with the tax consequences that can arise when someone tries to avoid probate by simply adding another person to a deed. Whether you are a real estate professional, homeowner, or attorney, this episode offers practical guidance on how proactive planning can protect estates, reduce delays, and bring clarity to complicated transactions. If you have ever wondered whether a trust makes sense for holding title to real property, this is an episode you will not want to miss.