Monroe, NC asked in Landlord - Tenant for Tennessee

Q: My father recently died, in living in his house where moved in to care for him 3 1/2 years ago. I'm disabled, low income

Brother&sister plan to sale&want house vacant by months end but I have nowhere to go. Since brother is administrator can he evict me. How long can I legally live here?

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

A: It will be difficult to file a Detainer against you as you are probably a Tenant In Common, unless your Father devised the property to someone else or deeded it to someone else. You need to determine who owns the property first. It may be brought back into the Estate to pay bills of an insolvent estate. Otherwise your Siblings will need to file a Partition Action to Sell it. Do not tell them this, let them hire an attorney. If a Detainer is filed, claim you are a Tenant In Common of 1/3 Undivided Interest and let them prove otherwise. It is doubtful Sessions Court will remove you with Title being an issue. If you are an Heir, then expect a Partition Action to sell it in a year, and then take your share to find another place. Do not steal/sell any of the Estate assets.

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