Jackson, TN asked in Estate Planning, Probate, Real Estate Law and Landlord - Tenant for Tennessee

Q: While in probate can a home be rented to own by the heirs?

My grandfather passed with no will but it was known everything was to be split between his 2 children, my mother and my uncle. My uncle started probate and then very unexpectedly also passed just 44 days later. Now his share is to be split between wife and daughter. The house he owned is up for sale to be split between my mom, aunt, and cousin. I want to rent to own the home being as i am the only family member who doesnt already own their home. My thinking is that that would give them a small extra monthly income. Does probate allow something like that?

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

A: You have not stated enough facts to determine who the heirs at law are, and therefore own the home. However the heirs own it and can agree to sell it anytime they want. Hire an attorney to determine heirship, draft an Affidavit of Heirship, and possibly make an offer to them for purchase. Get a Deed, and give them back a Note and Deed of Trust.

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