Legal Question in Real Estate Law in Tennessee

House being sold

17 years ago, my mother gave up her life in Michigan to go to Tennessee to care for her elderly Mother; her 16 year old son went with her. When he married six years ago, my Mom signed over her house and property in Tennessee to him in case anything happened to her. My brother was murdered in February, 2001 and now my sister-in-law is selling the house and not even offering my Mom anything. Is there a ''good faith'' law or anything that can be done?


Asked on 2/21/02, 12:14 am

2 Answers from Attorneys
Thomson Lipscomb Thomson Lipscomb, Atorney-at-Law

Re: House being sold

I am a real estate attorney and not a litigator. However, it seems to me you should contact an attorney in the area where the property is located and see about pursuing an action against your brother's wife in favor of your mother under the theory of equitable trust.

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Answered on 2/21/02, 9:14 am
Don Darnell Darnell & Lulgjuraj, P.C.

Re: House being sold

I once worked on a case with similar facts where we successfully argued a constructive trust. You will need a TN attorney, local to the county the house is in, who should file a lawsuit right away and a notice of lis pendins on the house to ensure that it is not sold prior the resolution of the lawsuit.

Good luck.

Don

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Answered on 2/21/02, 3:36 pm


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