Nashville, TN asked in Probate for Tennessee

Q: If will instructs sale of home and all heirs would like to keep home. Will we be forced to sell? What are our options.

Parents passed in 6/21 and 11/15. In 2015 I added on their home and moved in to provide care and monitoring. They were in agreement and seemed to be managing then I realized bills and payments were missing etc.. I took over paying the bills but this was from my funds to keep it simple and avoid confusion. Their wills instruct sale of home & share, 3 heirs, will was written in 2009 and by 2015 it was something they did want to discuss. The priority was to protect them, it was simpler to leave things as is, rather than have them upset and fearful of loss of control. With housing cost in Davidson County, FMV will not allow me to find something reasonable. I am the named executrix and my siblings are in agreement that we would like to not sell, is this possible, are there other options?

The other question is can I file a claim for Bills paid and Aid and attendance allowances with documented support? If so can claims reduce the total assets to allow for a Summary probate?

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1 Lawyer Answer
Shanone Emmack
Shanone Emmack
  • Probate Lawyer
  • Franklin, TN
  • Licensed in Tennessee

A: If the Will directs you to sale the house then you may have to do so. I would like to read the will to say for sure.

You may make a claim against the estate for the house add-ons and bills you personally paid. However, in this case you cannot use the small estate affidavit option because there is real estate involved.

Nina Whitehurst agrees with this answer

1 user found this answer helpful

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