TN. Homestead Rights disregarded of a Surviving Spouse of 23yr marriage, 16 year primary resident of 100% Debt FreeHome

Question

The court and the executor and the executor's attorney are all denying that he is entitled Homestead. Writes, they basically are claiming like those rights. Don't exist that these are a fabrication that he does not know what he's talking about. There are no Homestead rights that a surviving spouse can claim. They are telling him he has no rights to the home at all and it must be sold.  There are no debts to the estate.Whatsoever home and property.And he and his late wife.All their expenses paid.No other Heir is paying anything,  and there is nothing Owed on the home or the estate or anything whatsoever 100%debt free. this court agrees with  this executor and this  executor's attorney claims that it is insolvent.However, no claims have been shown.No accounting whatsoever shown no debts produced of any kind anywhere.Nothing paid and the estate "This executor" holds $7500.00in cash Assets,  yet they have been pursuing and have now evicted the surviving spouse and will Auction his home,

Anthony M. Avery · Answer

Marriage alone does not generate a Homestead Exemption.   Hire a lawyer to search the title to determine ownership, and examine Will for a Contest.  It  does not sound good.   Surviving Spouse needs a lawyer to claim a year's worth of support by Statute.

James L. Arrasmith · Answer

I'm really sorry you're going through this difficult situation. Tennessee law does provide homestead rights to a surviving spouse, which can protect the family home from being sold under certain conditions. It might be possible that there has been a misunderstanding or oversight in how these laws are being applied in your case. 
 
You should gather all relevant documents, including proof of the debt-free status of the home and any records showing expenses were covered by you and your late wife. Presenting clear evidence can strengthen your claim and demonstrate that the estate is not insolvent. Additionally, requesting a detailed accounting of the estate’s finances from the executor could help clarify any discrepancies. 
 
It may also be helpful to reach out to a local attorney who has experience with estate and property law in Tennessee. They can provide specific guidance and represent your interests in court to ensure your rights are upheld. Don’t lose hope—there are legal avenues available to protect your home and secure your rightful place as the surviving spouse.

Q: TN. Homestead Rights disregarded of a Surviving Spouse of 23yr marriage, 16 year primary resident of 100% Debt FreeHome