QUESTION

Writing my last will and testament, is there a way I can stop a child from entering my property after I pass?

Asked on Feb 17th, 2013 on Estate Planning - Tennessee
More details to this question:
I have 3 children and 1 does nothing but insists of causing problems for me and my other two children, who do live in the house with me and will remain in the house after I pass until the sale of the house. So I'm wondering if there is any way possible I can keep that child off my property until the estate sale. What do I need to do and how would I go about doing it?
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1 ANSWER

Bankruptcy Attorney serving Tullahoma, TN at Labar Law PLLC
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  This question has several facets.  First, under Tennessee law, you are not required to make any provision in your Will for a child.  So, the first step is to make sure that your Last Will and Testament properly reflects that you do not wish to include the "problem" child.  This will take care of the legal ownership of your home after you pass.  As to before you pass, you have the right to prohibit the child's entry onto your property and to enforce this right by contacting the legal authorities and even going further and seeking a restraining order.  After you pass, I mentioned that your Will will control the legal ownership.  However, the estate administration process is the process whereby your Executor/Executrix gets court authority to administer your estate (essentially taking all steps to make sure your assets get to where your Will says you wish them to go).   Your Executor/Executrix will be the one who can control the property and ban their "problem" sibling.  They will also have the authority to contact the cops and seek a restraining order if necessary. One final area is before you pass, but if you would either be in a come or other not competent.  In this case, you would also need a Power of Attorney for Healthcare and a Durable Power of Attorney.  Your attorney-in-fact would then have the power to keep your "problem" child off of the property. John This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.
Answered on Feb 26th, 2013 at 10:03 AM

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