Johnson City, TN asked in Estate Planning, Landlord - Tenant and Probate for Tennessee

Q: we live in my wife's father's house for more than 20 years. when he dies can the family throw us out?

he has no will

2 Lawyer Answers
Shanone Emmack
Shanone Emmack
  • Estate Planning Lawyer
  • Franklin, TN
  • Licensed in Tennessee

A: If there is no will, and the father is not married , and the house is not jointly owned, then the house should vest in the children when he dies. If your wife becomes joint owner she cannot just be thrown out of the house. I suggest talking to an attorney to understand the whole process.

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Alot depends on what the Father does with his Titled Interest. You might check the Title now to see who actually owns the house. Payment of taxes is also critical. One heir will not be able to eject another heir, but a Partition Action can be filed.

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.