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Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Tennessee on
Q: My grandmother has passed and lived in Illinois. She set up a trust fund for my mother who lives in Tennessee.

Mother has questions about the trust. Does she need a attorney in Tennessee or Illinois. Thank You.

Nina Whitehurst
Nina Whitehurst answered on Apr 20, 2021

You have not provided enough facts to determine where the trust administration is taking place. Most like it is in Illinois, but it could also be in Tennessee, or possibly somewhere else. We would need to see a copy of the trust and would need to understand who is administering the trust and... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: My grandmother has passed and lived in Illinois. She set up a trust fund for my mother who lives in Tennessee.

Mother has questions about the trust . Does she need a attorney in Illinois or Tennessee. Thank you.

Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2021

I recommend her obtaining counsel of a Tennessee attorney first. He should be able to get a copy of the Trust Instrument, and after reading it, advise her. The Trust Corpus and/or Trustee may not be in Illinois or Tennessee. It could involve four or more jurisdictions. Hopefully litigation... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: I want to sell my deceased mother house but I have siblings

They can't buy me out and refuse to sell

Nina Whitehurst
Nina Whitehurst answered on Apr 18, 2021

First, if the title to the house has not already been updated to your names, you need to take care of that. A probate attorney can help you with that.

Then you can hire a real estate litigation attorney to file a lawsuit to force a sale and divide the proceeds among you. This is not...
Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Hi, My father recently passed without a will. I am his only living child. He has 2 other children that already passed.

His grandchildren are stating that I am not biologically his and demand a DNA test. He was married to my mother and is on my birth certificate.I also grew up going to his house every other weekend. I was not close to him as an adult My siblings children claim they never heard of me. I never had any... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 6, 2021

If you are his child, then you are an heir and next of kin. Has an Estate been Probated? Probate would probably be in your best interests here. You will need to hire an attorney to look into it and represent you. Otherwise forget about it, as time is of the essence.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: 30 years I've lived at this address with my wife and she did not leave me anything when she died. Do I have any options?

There was no abuse of any kind she amended her will several times and added and removed me each time.

Thank you!

Frank J. Steiner
Frank J. Steiner answered on Mar 26, 2021

Yes. You can claim an elective share against the estate and depending on the number of years you were married you can claim a percentage of the net estate.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My friend has some memory issues and needs to write a will. How can this be accomplished?
Anthony M. Avery
Anthony M. Avery answered on Mar 15, 2021

Your Friend may not need a Will, as his assets should be examined first. A Will would have to be very carefully executed, which may not be possible. Hire a competent attorney to examine his situation.

2 Answers | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: I've been divorced many years but have never recieved my half of assets that were in judgement.

I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I have a question about my fathers estate. He passed away last November and I am his oldest child.
Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

What is your question? Pertinent facts involve: surviving spouse, children or deceased children; what kinds of properties and debts are involved; and did the Decedent have a Will? Without a Probated Will, the Heirs At Law own his real property, and the Next Of Kin own his personal property.... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My brother and I are co-executors in my mothers will. He owes back taxes. Can the IRS come after those assets.

With his consent, if removed as co-executor, can we stop the IRS from taking assets?

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

Hopefully you have not filed Probate yet. In any event you need a competent attorney to handle this. You are correct that the Brother should not be an Executor, and the Court will not have a problem with that. The Estate should not be victimized by your Brother's tax situation, but it could... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: What is required to get a prepaid debit card company to release the balance.

My mother passed away Feb. 2021. In 2009 she divided her land and all her assets to me and my sister. The only thing left to deal with is $1100 on a prepaid money card. The company wants me to send the nessecary documents, including the executor of will document. There was no will. They want me to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 22, 2021

Sometime you can get away with an Affidavit of Heirship. The affiant swears who the heirs and next of kin of the decedent were. Record it then send a copy to the card company with the recording information on its face. The next of kin are the owners of the funds. But if they do not send the... Read more »

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Probate for Tennessee on
Q: Sister's attorney knowingly deeded an diagnosed mentally incapacitated aunt's entire estate to his client, is he liable?

Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 16, 2021

There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Tennessee on
Q: Can we have the house transferred to us since we pay all of the bills including taxes and fixed holes in the walls ect

We have been paying taxes since 2013 just enough to keep it out of foreclosure. The house was left from my husband’s grandmother to his mother and uncle his uncle doesn’t want it and gave a verbal “ok” for us to move in and do what ever but his mom who PAYS NOTHING OR KNOW WHATS GOING ON... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 16, 2021

If the owners do not wish to transfer the property to you, then no. It is their property subject to the Deed of Trust. If the Note is not paid, foreclosure will occur where you might make a bid. If taxes are not paid, then after a while the County will have a tax sale. This is not a tract... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Would a General & Durable POA be what I need?

I am looking for something to have in place to help my mom (who lives in TN) with any financial, health and/or legal issues that may arise in the present and in the future when/if she becomes incapacitated.

Frank J. Steiner
Frank J. Steiner answered on Feb 12, 2021

You will need a duradle power of attorney for legal. You may also need a power of attorney for health care.

1 Answer | Asked in Intellectual Property, Real Estate Law, Estate Planning and Probate for Tennessee on
Q: (TN)My grandmother and stepfather were in the deed to property. Grams had my uncle and mom only

Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 11, 2021

Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My husband and I remodeled and repaired my sister's house and moved in with her as her wishes to take care of her.

She passed away with no will, but 1 living parent and that parent wants the house. Is she required to legally evict us through the court. State of TN

Anthony M. Avery
Anthony M. Avery answered on Feb 10, 2021

The Parent will have to file a Detainer Warrant against both of you. The Warrant must be served or posted, heard until a Judgment is rendered, and if you are not out of possession within ten days, get a Writ of Possession executed by the Sheriff.

1 Answer | Asked in Estate Planning for Tennessee on
Q: My dad just passed away and my sister is executor of the estate. I was taken out of the will years ago because i was

Always in trouble.my sister and i don't get along. I was told that i can contest the will and get my share. True or not?

Nina Whitehurst
Nina Whitehurst answered on Feb 9, 2021

Anybody can contest a will for any reason. Whether or not they will succeed is a completely different question. For an answer to that question as it pertains to your particular circumstances, you should schedule a personal consultation with an attorney who specializes in will contests. I think... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Refinance Title Issues in Relation to Estate Planning

This last week my wife and I refinanced our home. The home has closed and we missed the three day right of cancelation. In all, things are good as our refinance saved 10 years and 2% on the rate, but there is a problem. My name is not on the title and it is only my wife's as a married... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 8, 2021

You have a very legitimate concern, and the lender should not have documented the loan this way, but that is water under the bridge. You can create a new deed from your wife to both of you. Under federal law, the lender will NOT have the right or ability to call the loan due as a result of that... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: I would like to know how to save my uncle’s home, he passed away in November and he had no will.

He has 3 sons but they had a strained relationship and they don’t want the house because they don’t have jobs and are not interested in trying to keep it up. I was his legal representative and my mom had power of attorney of the property. I spoke with tax assessor in tutwiler Mississippi and... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 7, 2021

The easiest solution would be to hire an attorney to first get the house titled in the names of your uncle’s intestate heirs (probably his three sons) and then, second, to draw up a deed from the three sons to whomever IS willing to take on the obligations associated with owning the house, which... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: My father died. No will. He was remarried. The century old family farm was in both of their names. What happens now?

Is there any way for me to fight for the farm?

Nina Whitehurst
Nina Whitehurst answered on Jan 31, 2021

It is very likely that your dad’s surviving spouse inherited the farm and when she dies it is going to pass to her children, but there is no way of knowing for certain without reviewing the deed and her will. This happens all of the time and it is very sad indeed. This is why it is especially... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Mother is terminal with 300K in medical debt. will the debt collectors stop me from adding ownership and maybe selling

She inherited her debt from her husband who passed 3 months ago. He was my stepfather but never legally adopted me. Her only asset is this house and land. Is there a way for me to put it in my name and stop the debt collectors from allowing me to renovate and increase value and possibly sell or... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 26, 2021

Your situation is actually a little more complicated than you realize and a full consultation would be required to help you sort this out. Be prepared to provide a copy of the death certificate for step-father, step-father's will (or confirm there was none), mother's will (or confirm... Read more »

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