Kingsport, TN asked in Estate Planning, Real Estate Law and Probate for Tennessee

Q: My mother passed with no will in Tennessee my brother, her 4 grandkids, her husband and I all live in the home help!

Home owned solely by her she her voiced wishes without a will to have the home transferred to my brother and I and set to transfer to her grandkids and for us to let her husband live in the home till he passes and us make sure he is cared for. Her husband agreed to honor her wishes and voiced this at the hospital in front of a family friend and my mothers 2 sisters as witness. But he has now said he will not honor her wishes we had everything set up for the transfer of the home he backed out last minute and said we would have to buy him out and him still live here. If we buy him out we do not want him living here anymore and if he will not honor moms wishes and give his share we dont want him to be here anymore he is not working with us as a family like he promised too. Not paying bills or helpiing maintain the home. Can we have him removed from the home? Can we force him to sell his share if he changes his mind again? What do we do? The home is paid for and she has some medical debt.

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

A: If Mother owned the home individually, then you, your brother and her Husband each own 1/3 undivided interests as tenants in common. No Detainer Warrant amongst the owners, but the grandchildren could be ousted. A Partition Suit may be in order. Someone has to keep paying taxes.

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