Nashville, TN asked in Real Estate Law and Probate for Tennessee

Q: My grandmother passed away. She did have a will (my Uncle & Mom are on it only) However, I live in her rental property&

that property is in my deceased grandfathers name and not my Granny's so it is in probate. My uncle has now decided that he wants me out so he can sell the property but it is still not even in my grandmother's name. How long do I legally have to be at this residence? I have lived her for 21 years. Can he just decide to sell and not give me at least 30days to find a new place to move?

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: More than likely the property is probably owned by the Heirs-At-Law of your deceased Grandmother if the Grandparents owned as Tenants By The Entirety, or at least by some of them if the property went to the Grandfather's Heirs-At-Law. You need a title examination and a determination of heirship. The statute of limitations on detainers is three years, so you might have some leverage, forcing him into an ejectment proceeding. In other words he will have to sue you, serve you and obtain an order of possession to get you out. But you might make him have to prove title which is very difficult and expensive.

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