Legal Question in Wills and Trusts in Tennessee

If your parents owned the house jointly as spouses, they most likely had a tenancy by the entirety - meaning the last spouse to pass owned 100% interest in the house.

If the parent who passed most recently passed without a will, then his/her estate passes to heirs according to the Tennessee law of intestate succession. In Tennessee, if there is no living spouse, then an intestate decedent's estate passes to his/her children, in equal shares. If any child has predeceased his/her parent, then his/her share passes to any living children of the child (e.g. the grandchildren).

So - in the situation you describe, the estate of your parent who passed most recently would be divided equally between all living children (or grandchildren, if a child is deceased). This means that the ENTIRE estate is divided equally, including the house in question. Technically, your brother, your sister and you all own an equal share of the house in question. (If there are any other siblings, they own an equal share, too.)

Thus, your sister owns a share of the house, as does your brother, as do you. I recommend that your family consult with an attorney in your town/county who practices in the area of probate, to determine how your parent's estate can be divided. If all heirs (all your siblings) can't agree on how the house is to be owned/occupied, then any one of you can force the sale of the property, and the proceeds will be divided equally between the heirs.

I hope that this information is helpful, and I wish your family the best.

Kindest regards,

Caitlin Moon