Legal Question in Wills and Trusts in Tennessee
estate split equally by will
my mother passed away and her will simply stated that all of her belongings are to be split equally among her four children.
3 want to keep her property (including land and possessions) and one doesnt want property but only the money which would come from the selling of the property. The one child states that if the 3 children do not give him x amount of money, he will force a sale of the land and possessions.
Can the one child force a sale if we do not give him the amount he is asking for? and how can we determine how much the property is worth to give him a fair amount?
1 Answer from Attorneys
Re: estate split equally by will
There is disagreement in the family. The Will should be probated by the Executor named in the Will. The directions in the Will state that the property is to be divided four ways. If there are no debts to pay and if the Will does not give the Executor the power to sell the real property, the real property cannot be sold during the probate procceding. However, once the probate proceding is concluded a suit to partition the real property can be filed.
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