New Albany, OH asked in Real Estate Law for Tennessee

Q: Lawyer had mother sign Life Estate deed for herself, but she didn't own the property.

My father willed the family home to me leaving my mother lifetime residency. He was the sole owner of the property. My mother's lawyer had her sign a Lifetime Estate deed for herself, but she wasn't willed the property. Everything I've read states there is a difference between Lifetime Estate and Lifefime Residency. The lawyer says that the house isn't mine until my mother passes. Was what my mother's lawyer did legal and correct? I didn't sign any paperwork and we didn't probate the will because my father stated not to in his will. If the lawyer's action was illegal, what is the fastest way to reverse his actions?

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: Hire a TN attorney to search the title first. Unless the Will is Probated it means nothing. More than likely you are an heir. Dad's surviving spouse would be an heir also. If Mother was not a spouse, then she has no interest at all. You may need to file an Ejectment Action.

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