Poulsbo, WA asked in Probate for Tennessee

Q: What papers do I file when one heir is living in home rent free and won’t move out or sell? Will in probate years

Co-executors can not agree on a price to sell the home and one is living rent free for many years and wants to keep the home. There are 4 people involved two get 1/3 and two get 1/6 of the home and the rest of the estate. The will has been in probate for over two years. I want to fill a petition so the judge can force a sale and possibly get back rent. I want a judge to do a full account of the estate, I think. Also, see about hidden assets, things that never got listed on an inventory.

Related Topics:
1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Either a co-executor or a tenant in common can file an action for a partition sale. The home may or may not be in probate. You need a competent attorney to do this. The personal property assets are probably lost at this point. But a good attorney should be able to force a sale.

Nina Whitehurst agrees with this answer

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.