Philadelphia, PA asked in Probate for Tennessee

Q: My father died, with no spouse, 5 adult heirs, and no will. There is real property.

The PR is an heir. Some heirs want to sell the real property for debts others don’t. The PR does not want to sell and has said the property will not be sold. Can the the PR prevent or stop the property from being sold if there is not enough money to pay the debts? How do you have a PR removed?

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

A: Hire a competent attorney to file an Action for a Partition Sale. But this may not be possible until the Probate is over due to possibility of an Insolvent Estate. The Heirs own the property at the decedent's death, but title may not be merchantable for awhile. The Partition Suit can still be initiated now and the Petitioner can fight the Administrator in Court, which will probably be both Probate Court and Chancery Court, if not the same Court in two different Cases.

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