Q: My Mom died and now step father died. Does his grown kids get the house ? No will does my sister and I have any rights?
House was in both their names. His kids have moved in the house. My sister and I got nothing.
A:
Unable to answer without a review of the deed: when you say in was in "both names," Tennessee law assumes if they were married that "survivorship" rights exist and thus when your mom died, the step father became the sole owner by virtue of the survivorship rights ( the legal term is "tenants by the entirety"). If so, when stepfather dies without a will, his kids or heirs inherit, so yes, you and your sister get nothing.
However, it is possible for a husband and wife to own the property as "tenants in common" ( although again, this is not the presumption).
If owned as tenants in common, your mom owned half and your step father owned a half. Upon your mom's death without a will, her half would have passed to you, your sister and the step father. In summary, get an experienced lawyer to review the deed.
Anthony M. Avery agrees with this answer
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A: Immediately hire a competent attorney to perform a Title Search and possibly file an Affidavit of Heirship. If you and your siblings are Heirs, then file a Partition action now. It may be problematic for all if there is a Note/Deed of Trust or Delinquent Taxes.
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