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
PREMIUM
Anthony M. Avery
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.