Holland, MI asked in Estate Planning and Probate for Tennessee

Q: Dad dies, will deeds property to mom. Stipulates after her death, to be split amongst kids. Mom wants to sell. Can she?

Father passed 16 years ago. His will stated the home is to be left to mother, then following her death, the property is to be split between 4 adult children - 3 father's biological, 1 mother's biological. The deed is in mother's name and she has maintained the property solely. Father's children have not been involved since father's death. Mother is updating her will and is considering selling home or willing the home home to her 2 biological grandchildren. Can she change the directive of her husband's will regarding property where she is the sole owner? Is she required to pay out her step-children?

(Also, executor was the father's sister, she is now deceased.)

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: It is not possible to answer your question without actually seeing your father's will and also reviewing the probate case, if there was one. It would also be necessary to review a limited chain of title to see how title ended up in your mother's name. You should take all of this information to an attorney who handles probates in your area.

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