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
1 user found this answer helpful
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
