Murfreesboro, TN asked in Real Estate Law for Tennessee

Q: Can I get excessive funds from my dads house that sold in foreclosure after his death.He left everything to me in a will

I’m the step daughter and he lived in the house with my mom but she passed before him. He does have 2 kids in another state that he’s signed his rights over to. The will leaves everything to me so am I the only one to collect the funds from the house?

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

A: I am not sure what you mean about the two daughters' rights. If the Will is filed for Probate, apparently you receive the entirety of his personal property and residue. And the right to receive money is a chose in action, personal property. If the Will is not Probated, it has no effect and you are not a legattee.

You are not the next of kin either. Going after the trustee for surplus monies is difficult, and you will need a competent attorney.

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