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  1. #1
    Join Date
    Dec 2016
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    5

    Default Who Can File Probate for Property of Relative That Has Been Dead for 27 Years

    My question involves estate proceedings in the state of: Tennessee

    My great-grandmother passed 27 years ago. There is not a will. Her next closest relative my Mom has chosen not to take her estate to probate which is basically a house that various family members have occupied during this time. The home does not have a mortgage and the taxes are up to date.

    My mother is in her 70's and at this point I would have just waited and not done anything until she passes. But unfortunately we have a family member(My mother's grandson) that is living there and not taking care of the place or contributing towards the taxes. I really want to get him out of the home but obviously with no owner to evict this becomes difficult.

    I know I will need a lawyer but I was hoping to have a couple of questions answered to have an idea of what to direction to come from.

    Can I come forward in probate court? It seems like my mother would be notified that I came forward to be administrator but if she did not protest then as next in line I could be administrator and then evict my nephew through these means.

    Can my mother sign something saying she gives up her rights as administrator and is ok with me being administrator?

    Is there any legal way to evict my nephew without me going through probate court?

    This is more of real estate question but I was wondering if I offer my nephew money to be out by certain date is that legal?

    Thank You for any help you can give.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Who Can File Probate for Property of Relative That Has Been Dead for 27 Years

    Quote Quoting JohnNash
    View Post
    My question involves estate proceedings in the state of: Tennessee

    My great-grandmother passed 27 years ago. There is not a will. Her next closest relative my Mom has chosen not to take her estate to probate which is basically a house that various family members have occupied during this time. The home does not have a mortgage and the taxes are up to date.

    My mother is in her 70's and at this point I would have just waited and not done anything until she passes. But unfortunately we have a family member(My mother's grandson) that is living there and not taking care of the place or contributing towards the taxes. I really want to get him out of the home but obviously with no owner to evict this becomes difficult.

    I know I will need a lawyer but I was hoping to have a couple of questions answered to have an idea of what to direction to come from.

    Can I come forward in probate court? It seems like my mother would be notified that I came forward to be administrator but if she did not protest then as next in line I could be administrator and then evict my nephew through these means.

    Can my mother sign something saying she gives up her rights as administrator and is ok with me being administrator?
    No one person has an inherent right to be the administrator. Your mother is apparently the only heir, but that does not mean that she also has to be the administrator. One of the jobs of the administrator is to distribute real estate to the heirs and make sure that the property is transferred to their name.

    Is there any legal way to evict my nephew without me going through probate court?
    .

    Not only would you need to go through probate court to establish your mother as the owner of the property, but then your mother would have to go through regular court to evict your nephew.

    This is more of real estate question but I was wondering if I offer my nephew money to be out by certain date is that legal?

    Thank You for any help you can give.
    You can certainly offer your nephew money to get out. However, that would not be a necessarily enforcement contract as you do not own the house.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Who Can File Probate for Property of Relative That Has Been Dead for 27 Years

    Quote Quoting llworking
    View Post


    You can certainly offer your nephew money to get out. However, that would not be a necessarily enforcement contract as you do not own the house.
    The contract would likely be enforceable. The problem is that eviction would not be among the remedies the OP could seek if the nephew breached the contract.

  4. #4
    Join Date
    Dec 2016
    Posts
    5

    Default Re: Who Can File Probate for Property of Relative That Has Been Dead for 27 Years

    Thank You for the replies.

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