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In Tennessee, how can you legally remove a person from a residence in which his deceased father was part owner with 2 siblings?

Martin, TN |

Residence was owned jointly by 3 siblings. One sibling, now deceased, was living in the residence with his son. After sibling died, son remains at residence and does not pay any bills. Also begins "repairs" and doesn't finish so house will not be suitable for selling. How can the other two siblings get him removed from house so it can be sold?

Attorney Answers 3


  1. Your answer depends on how the property is titled. If it is joint tenants with rights of survivorship, then the son has no interest in the property at all, and he can be evicted. If it was as tenants in common, then the son may succeed to his father's interest in the property through probate. Most states presume that there is a tenancy in common, when the document does not specify the arrangement. I would have your deed reviewed by a lawyer to determine how best to proceed. You will want a lawyer to assist you with the eviction.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. I agree with Attorney Frederick. If the property was jointly held, then the son needs to be given a notice to vacate and you will have to follow through with eviction. If the three siblings owned as tenants in common and the decedent was not married and did not have a will or other children, his son was inherit his interest. As a co-owner, he would be responsible to pay rent and his share of expenses and he could be removed through a partition action. You would need a lawyer to commence this type of litigation.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  3. I agree with both the responses given. Take the deed to a qualified real estate/probate attorney for a specific consultation. If you don't have access to a copy of the deed, secure one from the Register of Deeds in the county where the property is located (Weakley if it is in Martin). The type of ownership interest in the property will determine how complicated it will be to seek relief.

    If this answer is helpful, please click that option. This response is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the answers by the named attorney do not create an attorney-client relationship between said attorney and the user or browser.

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