Q: Can I be evicted by detainer warrent from a exclused daughter from an estate that I am the only beneficiary?
I have lived here for over 3 years. The man signed a contract for me to register deed upon his death in lieu of work performed on call 24hra/7days a week. He wrote a will 3 years ago to prove his intent and disinhereted his only adult child. I am executor and beneficary. He has no one that visits. He made a will for the daughter also in case I didnt stay and he tore it up. I lost the will and he made another staring exactly the same as before and then died unexpectedly a few days later. I woke to a detainer warrent for the home he left me and i reside in. I have no death certificate to open probate yet and the daughter knows she was left nothing. My husband is a.blood relative of his wife (deceased)Im in tennessee.
A: The daughter is apparently taking the position that there was no will and so she is the sole heir and title vests in the heir(s) automatically at death and, therefore, according to her reasoning, she has the right to evict you. You need to take the will to a probate attorney and open a probate and get yourself appointed executor ASAP. Your probate attorney may also need to help you file an injunction against the daughter's eviction case based upon the pending probate and the will. You have no time to waste.
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