Asked in Real Estate Law for Tennessee

Q: Property belongs to my dad & his brother am in that from last 45 yrs now thy caliming aft his death it will go legally?

Thy never come and ask in this 45 years now his wife and son started asking we don't want to give we are to pay thy want only property share so how to handle

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: Without a will being probated, Decedent's property goes to his heir and next of kin in accordance with the intestate succession statute.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In Tennessee, if the property belongs to your father and his brother, it's crucial to understand how the property is titled and whether there's a will or estate plan in place. If the property was owned jointly with rights of survivorship, it would automatically pass to the surviving owner upon your father's death. However, if it was owned as tenants in common, your father's share would be part of his estate and subject to his will or, in the absence of a will, state intestacy laws.

Given that you have been living on the property for 45 years, there could be considerations regarding your rights to the property. However, simply living on the property does not automatically give you ownership rights, especially if the legal title is in your father and his brother's names.

The claims of your father's wife and son will depend on the specifics of the will, if there is one, or state law if there isn't. In most cases, a spouse and children have certain rights to a deceased person's estate.

To handle this situation, it's important to review all relevant documents, including property deeds, wills, and any agreements made regarding the property. Consulting with a real estate attorney can provide clarity on your legal position and options. They can help navigate family dynamics and legal complexities to find a resolution that respects legal rights and familial relationships.

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