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
Answered
  • 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
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Answered
  • 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.

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