Nashville Estate Attorney, Jim Higgins, on Siblings Fighting Over the Sale of an Inherited Home

Heather Matthysse:
I’m Heather Matthysse. For many families, the house Mom and Dad leave behind is more than just property. It represents memories, money, and sometimes the start of a painful battle between siblings.

Jim Higgins with The Higgins Firm is here to explain what families can do. Jim, are you seeing more of these cases pop up, and what can families do in this situation?

Jim Higgins:
We are, and I don’t know exactly why. We used to get one or two a year. Now, we get them all the time.

I think part of it is that generations are getting older, and there’s a bigger transfer of wealth now than ever before. In Tennessee, everything has also gotten so expensive, so there can be more to argue over.

This often starts with parents doing that last act of love and saying, “We want the kids to have the house.”

The problem is, maybe one child is living in the house and wants to stay there. Another child may say, “I need the money now.” That’s when things can start to go sideways.

When someone calls us, we always start by saying, “Talk to your siblings. Try to work it out.” It’s easier and less expensive than getting lawyers involved, and usually families will try to do that.

If they can’t work it out, they come to us. We still start by trying to keep things as simple as possible. We may send letters to all of the siblings explaining, “If this goes to court, the judge isn’t going to make all of you continue owning the property together. The court can order the property to be sold, so try to work something out.”

If that doesn’t work, then we go to court.

Heather Matthysse:
What can parents do now, while they’re still planning, to help prevent this type of situation?

Jim Higgins:
Call us. We talk people through their plans, including what they should do and what they may want to avoid.

We also discuss issues like this so families can prepare ahead of time. Parents can talk to their children and say, “This is what we’re planning to do. Are you all comfortable with it?”

Having those conversations ahead of time can help so much.

Heather Matthysse:
If you’re already in this situation, when is the best time to call The Higgins Firm?

Jim Higgins:
The earlier, the better. It doesn’t cost anything to call us, and we’re happy to talk with you.

Sometimes you need us, and sometimes you don’t. Either way, we’re happy to talk with people about what’s going on.

Heather Matthysse:
All right, Jim. Thanks for all the information.

If you’d like to learn more or speak with The Higgins Firm, visit thehigginsfirm.com.