Nashville, TN asked in Probate for Tennessee

Q: I need help getting my share of property, that was inherited from parents without a will

My parents passed away but didnt leave a will. 3 out of the 5 siblings want their share of the property. What is a simple way to go about this?

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: There is usually no simple way to marshal up your property from those who took it. Real Property is different in that it is there, but you may have to litigate it to possess it. An Affidavit of Heirship will put the world on notice of your Title, but only the Court can put you in possession or sell it for your share. Personal Property can sometimes be retrieved in Sessions Court, if it can be located. You and the others need a competent attorney as soon as possible.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: First, you need to get the house into the names of the heirs at law. A probate attorney can help you with this. Then you need to hire a real estate litigation attorney to file a "partition" action to force the sale of the property. The net sales proceeds would be split among the heirs.

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