Legal Question in Wills and Trusts in Tennessee
Does a will have to go through probate again after one sibling passes?
I was named executor of my parents estate through their wills, and both parents are deceased. In the will, the home was left jointly to the six children (including myself) with the stipulation that the home be used by our youngest brother as a lifetime home.
The will went through probate in 1991 and all stipulations in the will were met. The youngest brother died in 1999. Does the house have to through probate again? If not, what procedure should be followed.
2 Answers from Attorneys
Re: Does a will have to go through probate again after one sibling passes?
From the facts you have provided, it seems most likely that you will not have to return to probate court in order to sell this property now. You must, however, have the relevant documents reviewed by a competent real estate attorney, who will also ask some questions about the surviving children. Please contact me if you have further questions.
Holland McKinnie
615-790-2575
Re: Does a will have to go through probate again after one sibling passes?
With the death of your youngest brother, the
house is now owned in remainder by you and your
other siblings. The Will having been probated
does not have to be probated again. You and
your other siblings now need to decide what
to do with the house.
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