Franklin Trust Litigation Lawyer

Franklin Trust Litigation Attorney

In Tennessee, real property ownership vests immediately upon the death of the owner, according to Tennessee Code Annotated (T.C.A.) § 31-2-103. This means that the heirs or beneficiaries automatically become the rightful owners of the property as soon as the owner passes away, even though the estate may still be going through probate. This is significant because it grants the heirs legal rights to the property from the moment of the owner’s death. However, the property remains subject to any claims against the estate, such as debts or taxes, if the estate’s assets are insufficient to settle these obligations. Emmack Probate and Estate Law Group, your trusted Franklin Trust Litigation Lawyer, can guide you with the legal needs of this type of case to ensure your rights are protected.

Property Disputes Among Heirs – When There Is No Will

When a loved one passes away without a Last Will and Testament (intestate), their real property is immediately inherited by multiple family members, such as siblings or cousins. This can lead to disagreements among the heirs about what to do with the property—whether to sell it, keep it, or divide it. To address these disputes, Tennessee has enacted the Uniform Partition of Heirs Property Act (UPHPA), codified under T.C.A. § 29-27-301 et seq., which provides a fair and structured process for resolving these disagreements.

The UPHPA applies to “heirs property,” which is real estate inherited by two or more heirs as tenants in common. If the heirs cannot agree on how to handle the property, any heir can file a petition for partition in court. The court will then take the following steps:

1. Notification: The court notifies all co-owners about the partition action.
2. Appraisal: An independent appraisal is ordered to determine the property’s fair market value.
3. Decision: The court decides whether to divide the property (partition in kind) or order a sale (partition by sale).

Heirs who wish to keep the property may have the option to buy out those who want to sell, based on the appraised value.

While the UPHPA prefers partition in kind to preserve the property’s value, this is often impractical for properties like single-family homes. For instance, if a mother passes away leaving a 2,500 square foot home to her four children who live in different states, the court may order a partition by sale since dividing the house isn’t feasible. The property would be sold, and the proceeds split equally among the heirs.

The UPHPA aims to protect heirs by preventing the forced sale of family property, promoting fair and equitable resolutions, and ensuring that property is either retained within the family or sold at a fair price, with proceeds divided accordingly.

Property Disputes Among Beneficiaries – When There Is a Last Will and Testament

When there is a Last Will and Testament, the process of handling inherited property can still lead to disputes among the beneficiaries. The relevant statute for partition actions in this context is found in Tennessee Code Annotated (T.C.A.) § 29-27-101 et seq.

If multiple people inherit real property, such as siblings inheriting a family home, they may not always agree on what to do with it. Some might want to sell the property, while others might prefer to keep it. If the beneficiaries cannot reach an agreement, any of them can file a petition for partition with the court. The court will then determine whether the property can be divided or if it should be sold, with the proceeds distributed according to the terms of the will.

Why an Experienced Attorney Is Important

Navigating the partition process in Franklin, whether with or without a will, can be complex and emotionally charged. An experienced attorney is crucial in these situations for several reasons:

Legal Guidance: An attorney can help clarify your rights and obligations, ensuring you understand the legal process and the potential outcomes.

Negotiation: Attorneys are skilled negotiators who can help resolve disputes among heirs or beneficiaries, potentially avoiding the need for court intervention.

Court Representation: If a partition action goes to court, having an attorney to represent your interests is vital. They can present your case effectively, whether you are seeking to keep the property, sell it, or divide it.

Ensuring Fairness: An attorney will work to ensure that the partition process is conducted fairly, helping to protect your share of the property and ensuring that any sale is conducted at a fair market value.

Handling Complex Situations: Properties with multiple heirs, conflicting interests, or complex legal issues require careful handling. An experienced attorney can navigate these challenges, ensuring the best possible outcome for all parties involved.

Contact Attorney Shanone Emmack for Trust Lawsuit Support

Trust lawsuits in Tennessee provide a legal avenue for co-owners to settle their shared property differences. Understanding the nuances between division types and keeping abreast of legal adjustments that allow for sale through real estate agents is essential.

If you’re facing a scenario where a trust lawsuit seems inevitable, attorney Shanone Emmack is prepared to guide you through the process towards a positive resolution.

Call 615-920-0906 or contact my firm online for legal representation today.