Legal Question in Wills and Trusts in Tennessee
My deceased parents' house (in Tennessee) was conveyed to my brother, sister and me through my mother's will. The probate attorney had us execute a quit claim deed to change the ownership of the house. My brother died intestate last year, leaving behind two sons. Do they automatically inherit his portion of the property? Do they have a right to tell my sister and I what to do with it, even though their names are not on the deed?
1 Answer from Attorneys
Based upon the factual scenario you lay out, your brothers sons succeed to his 1/3 share. Of course their rights are subject to any claims that may be filed in the estate of your brother. They have the same rights that you have. If the four of you can't agree on what to do with the property you each have the right to file an action for partition which would ask a court to sale the property and disburse the proceeds of the sale. The fact that their name is not on the deed is not determinative of their rights.
Hope this helps.
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