How to Resolve Inherited Property Disputes Among Siblings

When parents pass away, their home or land often holds deep sentimental and financial value. Unfortunately, that same property can become the source of bitter conflict among siblings—especially when one wants to sell, another wants to keep it, and others disagree on what’s fair.  Inherited property disputes are common, but they don’t have to destroy family relationships. Here’s what you should know—and what legal options exist under Tennessee law to resolve them peacefully and effectively.

Common Reasons Siblings Disagree Over Inherited Property

Even close families can find themselves in conflict when inheritance and real estate are involved. Some common disputes include:

• One sibling wants to sell, others want to keep the property.

• Unequal financial contributions toward taxes, insurance, or upkeep.

• One sibling living in the home rent-free while others get no benefit.

• Disagreements over fair market value or sale price.

• Claims of “undue influence” or a contested will that changed property shares late in life.

  
  

1. Clarify Who Actually Owns the Property

The first step is understanding how title is held. In Tennessee, siblings usually inherit as tenants in common, meaning each has an undivided interest in the whole property—not a specific room or portion.  You can confirm ownership by checking the deed or probate order recorded with the county register of deeds. If the estate is still open, the executor or administrator may still control the property temporarily.  When in doubt confirm with an attorney.

2. Try to Reach an Agreement Outside of Court

Before going to court, it’s worth exploring mediation or voluntary buyouts.  A buyout agreement among siblings based on an agreed appraisal price can resolve many disputes before significant expenses are devoted towards the issue.  Selling the property to a third party and merely splitting the sales proceeds is often the best solution.  On another hand, perhaps all involved wish to become landlords and simply split the rent.  Reaching an agreement privately usually saves money, preserves family relationships, and avoids the forced-sale results that courts often impose.

3. When Agreement Fails — Partition Actions in Tennessee

If no agreement can be reached, any co-owner can file a partition action under Tenn. Code Ann. § 29-27-101 et seq.  A partition action allows the court to either divide the property physically (if possible) among the owners, or order a sale and distribute the proceeds fairly.  In most cases involving a single home or small tract, physical division isn’t practical—so the court orders a partition sale, often through a clerk and master’s auction or private sale supervised by the court.  The proceeds are then distributed after accounting for each sibling’s contributions toward taxes, maintenance, insurance, and any exclusive use of the property.

4. Addressing Misuse or Mismanagement

If one sibling is acting as executor of an estate or managing the property but not being transparent—or is living in it rent-free without compensating the others—the others may have claims for an accounting of estate or property income, contribution or reimbursement for unequal expenses, or removal of an executor under Tenn. Code Ann. § 35-15-706 for breach of fiduciary duty (if a trust or estate is involved).  A court can compel fair accounting and adjust the final distribution accordingly.

5. Preventing Future Disputes

The best way to avoid sibling property conflicts is through clear estate planning.  Parents can specify in their will or trust whether the home should be sold or who should have first right to buy it.  Use of a neutral trustee or executor can help keep decisions objective.  Setting up a trust to own the property can often simplify management and future sales.  Proactive planning can prevent years of family tension and costly litigation.

6. When to Get Legal Help

If you’ve reached a standstill with your siblings or believe one is mishandling inherited property, consulting an attorney is essential. Our office can:

• Review title and ownership documents,

• Negotiate or mediate a settlement,

• File or defend a partition action, and

• Protect your interests during sale or division.

  
  

Timely legal advice can often transform a family dispute into a workable resolution.  Disagreements over inherited property are painful but solvable. Whether through negotiation, mediation, or court action, Tennessee law provides ways to ensure every sibling’s rights are protected.  If you’re struggling with a family property dispute, our office can help you navigate your options and find the most practical, fair outcome.

Who Can Qualify For CHOICES?

Qualifying for Long Term Supports and Services (LTSS) through TennCare/CHOICES

When attempting to qualify for Long Term Supports and Services (LTSS) (nursing home care, some assisted living care, and in-home care) through TennCare/CHOICES, there are three (3) important categories.

1. Medical Needs:

Pre-Admission Evaluation (PAE)

An applicant’s medical needs are examined by TennCare through what’s called a Pre-Admission Evaluation (PAE).

The PAE reviews an applicant’s ability to perform certain activities of daily living (ADLs) by assigning a certain number of points based on a client’s ability within each ADL; some ADLs receive more points than others.

The PAE is the most important of the three categories, because, if an applicant does not meet the requisite PAE score (9 out of 26) when their ADLs are reviewed, then an applicant’s income totals and asset values will not matter.

Key Activities of Daily Living (ADLs)

More specifically, TennCare looks at an applicant's ability to perform the following:

i. Ability to Transfer

ii. Mobility

iii. Eating

iv. Toileting

v. Communication

vi. Administration of Medication

vii. Behaviors

viii. Orientation

2. Income:

Income Limit for LTSS Applicants

As of January 1, 2025, the new income limit for an LTSS applicant is $2,901.00.

Gross Income and Qualified Income Trust

TennCare looks at a client’s gross income total when determining eligibility, and if an applicant’s gross income is over $2,901.00, the applicant must set up a Qualified Income Trust (QIT) to qualify for benefits.

It is very important to note that an applicant’s QIT account MUST be set up within the month that the applicant applies for benefits.

3. Assets:

Asset Rules for Single Applicants

As of January 1, 2025, a single applicant’s countable assets must be less than $2,000.00 on the last day of the month of application.

Asset Rules for Married Applicants

Asset totals are treated differently for LTSS applicants depending on if the

application is single or married.

As of January 1, 2025, an applicant with a spouse may have assets between

$31,584.00 and $157,920.00.

• If an applicant and their spouse have assets totaling $22,000.00, they are under the floor of $31,584.00, and a Medicaid spend-down may not be required.

• If an applicant and their spouse have assets totaling $400,000.00, the most they are allowed to keep is $157,920.00.

• If an applicant and their spouse have assets totaling $300,000.00, they are allowed to keep one-half of the $300,000.00 because the $150,000.00 is between $31,584.00 and $157,920.00.

Other Important Considerations for LTSS Qualification

While this blog is a good overview of the three main categories an applicant must satisfy to qualify for LTSS services, there are many other important points to consider, such as:

• How certain assets are held that may make them exempt under Medicaid rules

• How certain spend-down methods may be allowed under Medicaid rules

• Estate planning documents

• Title of assets both pre and post approval

• Post approval requirements by TennCare for an applicant, along with much more.

It is always best to sit down with an Elder Law attorney to discuss how your facts align within

the law and Medicaid rules. Most people are amazed to find out that they can take more

control of a difficult situation in their life than they expected, and all the saving they’d done

to make their life better was not vain.

Why Would I Need a Conservatorship for My Disabled Adult Child?

On many occasions, I am approached by parents of a disabled adult child with

special needs who have been told that they need a conservatorship. They then ask why

they need the conservatorship when they have raised their adult child from birth and

the adult child still remains in their home. The general issue is that the adult child, who

is now eighteen or older, is considered an adult by the law, and with adulthood comes

numerous rights that the parents are no longer allowed to either pursue or protect for

their adult child. So, when I am asked by the parents if they need a conservatorship for

the son or daughter, the answer is most definitely yes.

What is a conservatorship? Under Tennessee law, the proceeding is necessary

when a person is found to be disabled, either from mental illness or injury, and needs

the protection of the court to appoint someone to make decisions for the disabled

person. The appointed person is typically a family member but that is not required. The

conservator manages the finances for the disabled individual and makes healthcare

decisions as well.

What rights accrue at eighteen that make the need for a conservatorship

necessary? First, as an adult the disabled adult child now has private health

information which is protected under the Health Insurance Portability and Accountability

Act of 1996, also known as HIPAA. Because HIPAA is so ingrained in our medical

society, frequently health care providers will no longer speak with the parents who have

always accompanied their disabled adult child to their medical appointments and made

decisions for them with regard to their health. Under HIPAA, the parents no longer

have the right to have access to the private health information of their disabled adult

child, nor do they have any input into the health decisions that are made, unless

authorized by the disabled adult child or the court through the appointment of the

conservator. In that scenario a conservatorship is necessary that authorizes the parents,

as conservators, to have full access to their disabled adult child's private health

information and give them authority to assist, consent or not consent to medical

treatment for their disabled adult child.

Second, the child, whether receiving government benefits as a minor or not, may

now be eligible for Social Security disability benefits or Supplemental Security benefits

that he/ she may not be competent to pursue. The Social Security Administration will

generally not speak with or interact with the parents of an adult child who is seeking

such benefits. The powers of the conservatorship grant the conservator the authority

to apply for, communicate with, and otherwise interact with the Administration in order

to pursue the benefits on behalf of their disabled adult child. This scenario is one of the

most frequent reasons for parents to pursue a conservatorship for their disabled adult

child.

Third, although the child is now the age of majority, many such adult children are

continuing their secondary education. Just as under HIPAA their privacy rights are

protected, most educational laws, which can vary by state, will prevent parents from

having access to their now adult child's educational records. Again, powers granted

under the conservatorship would authorize the parents to have continued access to and

input in their adult child’s educational pursuits. The same authority granted under the

conservatorship would extend to any college or post-secondary educational institution

as well.

Let the experienced attorneys at Clements & Eubanks, PC assist you with any

conservatorship needs you or your loved ones have. Your peace of mind is our priority.