Camden, TN asked in Landlord - Tenant for Tennessee

Q: Regarding a joint tenants with right of survivorship, since April, 1994, property in TN

One co-owner (mother) died in August, 2020, remaining co-owner (brother) has refused to provide keys & access to said property & is attempting to buy me out, but demands I pay for expenses that are not affiliated with said property, While I am willing to share half of property taxes & utilities, he is insisting that I give him half of monies from a bank account that was joint tenants with right of survivorship, which was set up because that person was stealing from deceased, having gained access to previous bank accounts, depleting the $ down to only $700.00 (without deceased's knowledge, which is why the new account was opened, with stipulation that he could not gain access. I was listed as primary on the new account & checks were in my name) & even attempting to write checks on the joint survivor account, after deceased's death, saying he had power of attorney, even after bank manager had advised them to cease forging deceased's signature. He still has not given access to property.

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

A: These money issues can probably only be addressed through an Action for an Accounting and Conversion. But you basically only have a 3 year SOL. Again the real property needs an agreed conveyance, or an Action for Partition.

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