Gastonia, NC asked in Probate for Tennessee

Q: The will says the Entire Estate is split equally.Stepmom says I only get half of what the house sells for.Is she right?

Both parents names are on the deed of the house. Mom passed away 10 years ago and dad remarried about 6 years ago. He added my stepmother to the mortgage earlier this year and he just passed a month ago. The will states that his Entire Estate is split equally but she says I only get half of what the house sells for but she's not wanting to sell it. The will doesn't say she can stay in the house but it also doesn't say she has to leave. What do I need to do? She is the executor but I'm also listed as an alternate executor we are both beneficiaries.

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

A: If the Will is filed for Probate, then she is the Executor. She can also take a Spouse's portion electing against the Will which will probably wipe out the Estate. A title search may help or hurt. If no Will in Probate, then the Heirs own the home, you and her, and a Partition suit is possible is there is sufficient Equity.

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