Jasper, TN asked in Real Estate Law and Civil Rights for Tennessee

Q: My sister moved into moms estate 3 years ago stating she'd buy my half out but has yet to do so. What are my options?

We are both executors and the will States if either one of us want the estate we'd have to buy the other out ($20,000). Its been almost 3 years and she has yet to buy the house but has been living there this whole time. During this time she has been non-compliant on multiple occasions and has told me numerous occasions that she's buying it but always has some excuse as to why its not been bought. Her buying this house also affects my daughter and niece since my mother stated after sale of house they are to be paid a certain sum of money .

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: It appears that both of you have not performed your duties as Executors. You probably want to ask the Probate Court to order sale of the real property if it is actually part of a Will directive. From what you have stated it appears that Partition is not available, as the Will controls. But then the Will may violate the Rule Against Perpetuities, although doubtful. Hire a competent attorney to close this Estate. And your Mother's statements are of no effect, as her Probated Will controls.

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