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Tennessee Probate Questions & Answers
1 Answer | Asked in Probate for Tennessee on
Q: In probate does income rent of houses have to be put in estate bank account even if rent comes from house you are to

inherit?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 22, 2022

The Court may order it until Probate is closed. But Heirs take at death, not after the Probate is closed. You may move the Court to stop the renting and take possession. But the renter has to have a Detainer filed against him by someone with authority or ownership, unless he leaves... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My dad died and left a will with my sister and myself as co-executors. It is in probate now, but she is to inherit the

home place and I am to inherit vacant land. The probate lawyer insisted that the rent from the vacant land which will be mine to be placed in the estate account. However, my sister is collecting rent from the

house she will received, but she is not depositing any funds into the estate... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Nov 17, 2022

Fire that attorney. Hire another attorney to finish up the probate and file a petition to have your sister removed as co-executor based upon conversion of estate property.

1 Answer | Asked in Probate for Tennessee on
Q: Father died and let my self and my sister as coexecutors he had a will. my sister took it upon herself to rent out his

house to her grandson and spent a lot of money remodeling it for him. She is keeping the rent money for herself. She did not have permission from me to do any of this. is it legal for her to keep the rents for herself and not go into the estate account?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 16, 2022

Ask her for half the money. If she refuses, then file an action for a Sale For Partition. That will get her attention and a possible agreement. She can put others in possession. You could sue in Chancery for contribution, but it would probably not be worth it.

1 Answer | Asked in Probate for Tennessee on
Q: I'm on six years probation and it ends in January and I just got a charge for misdemeanor shoplifting, will i go to jail
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 31, 2022

It is very possible you will serve all or some of the remainder of the sentence, as a violation is violation of probation. Talk to your lawyer and stay out of trouble.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: I inherited property pro ste is over land is in my name can a family member protest court decision and try take half

The land is in my name I pay the taxes probate court is over its been a year I want to sell a piece of the property that is in my name can she get half money even though she didn't didn't want anything to do with it or come forward..they still haven't but I'm just worried about... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 20, 2022

Hire an attorney to search the title and determine heirship. Owners have rights, which include Partition actions. Land usually does not go through Estates, but Probate may have to close prior to clearing title.

1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: My dad passed away and he has a will his wife left town with will we haven’t seen it can we see it with his attorney
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 18, 2022

Without physical possession of a Will it is very difficult to prove its existence. You may wish to start an Intestate Administration, but first consult with a competent attorney to see if Probate is needed. Remember a surviving spouse cannot be disinherited, and is entitled to a large amount of... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: In Tennessee who pays an existing mortgage with a Living Will, the Life tenant or the remaindermen?

My deceased father's WILL listed monies from a home that was sold outside of the current estate to be used for payments but that account was co-owned by my father and I which I was told left me as the owner. I was told I did not have to use those funds to pay the mortgage but I did anyway... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 12, 2022

It sounds like you were joint owner of a bank account, which left you the sole owner at Father's death. So the Will did not include such money even if it had such a clause. The remaindermen takes the real property as they vests in possession, which here is subject to a Deed of Trust. If... Read more »

1 Answer | Asked in Divorce and Probate for Tennessee on
Q: Couple separated for years, divorce underway, wife passes away, living in different states

My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Mom passed with a handwritten but unwitnessed will. I "thought" I had engaged a lawyer. But he does not call me back

It's been 3 months. The main thing I remember him saying is "if there is no will, there is no reason to open a probate". What does that mean? If I engage another lawyer can he bill me?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 27, 2022

You can always hire another attorney but when you do, be sure to let the first attorney know that he has been fired so he does not keep working on your file (assuming he is working on it). As a general rule, attorneys cannot bill for services NOT provided, but there are subtle exceptions. Your... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: IF THERE ARE CERTAIN ITEMS IN A DECEASED PERSONS HOUSE OR ESTATE DOES OWNERSHIP OF THOSE ITEMS GO BACK TO THE PERSON WHO

BOUGHT AND GAVE THOSE ITEMS AS GIFTS, OR DO THOSE ITEMS REMAIN AS PART OF THE ESTATE PROPERTY. MY SISTER AND I ARE BOTH EXEC. AS WELL AS 50 / 50 ON THE ESTATE. SHE THINKS SHE GETS EVERYTHING SHE HAS

EVER BOUGHT AND GIVEN MY PARENTS OVER THE YEARS. SOME OF IT FROM 20 TO 30 YEARS AGO. TO ME... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 7, 2022

Gifts transfer ownership of the gifted item from the giver to the recipient(s). Items your sister gave her parents belong in their estates. They do not automatically go back to her. If she wants those items back, then they would come out of her share of the estate.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I desperately need help with a trust fund lawyer.I need my sister removed as trustee as I am the beneficiary.

My dad's will has specific details on what to do and my sister is not complying with anything. She won't even respond to my text, call's, or email. I need help. I'm going to be homeless if she isn't going to help me.

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2022

A Tennessee attorney could advise best, but there was urgency in your post, which must have gotten overlooked in the "Uncategorized" heading. Repost your question in the Probate and Estate Planning categories, or you could also reach out to attorneys in those categories. There's a... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My mother passed with no will in Tennessee my brother, her 4 grandkids, her husband and I all live in the home help!

Home owned solely by her she her voiced wishes without a will to have the home transferred to my brother and I and set to transfer to her grandkids and for us to let her husband live in the home till he passes and us make sure he is cared for. Her husband agreed to honor her wishes and voiced this... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 24, 2022

If Mother owned the home individually, then you, your brother and her Husband each own 1/3 undivided interests as tenants in common. No Detainer Warrant amongst the owners, but the grandchildren could be ousted. A Partition Suit may be in order. Someone has to keep paying taxes.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Is a printed out will valid in tennessee as long as it's signed by the Testator and in the presence of two witnesses
Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

A last will and testament must be signed by the testator and two adult witnesses to be valid.

2 Answers | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: My dad was executor and refused the role so I was forced to handle everything.

My dad was put on my grandma's will as executor and when she passed he wrote a text message denying the rple as executor I was then forced to take care of everything regarding my grandma's funeral my dad then went to the bank and told everybody he is the executor. I ended up paying For... Read more »

Scott John Terry
Scott John Terry
answered on Aug 2, 2022

Depending on the size of your grandmother's estate, you need to start a probate proceeding and have yourself appointed as the executor of your grandmother's estate. If her estate is smaller than $100k, then you can avoid probate and handle it via a small estate affidavit. An attorney... Read more »

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1 Answer | Asked in Family Law and Probate for Tennessee on
Q: If my nephew owes legal restitution in tennessee and is about to inherit money can the courts take his inheritance?

My nephews grandfather passed and he inherited money can the courts take it?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 21, 2022

Yes...Nephew needs an attorney, and maybe this could end supervised probation.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: How to remove a lawyer from an administrator position in estate of my husband?

The court appointed the probate lawyer to be an administrator in my husband 's estate,so basically I would like him to be removed from this position and estate to be closed. I just simply do not trust him.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 20, 2022

That is a motion to remove the administrator for cause, and maybe an accounting. You will need some definite reasons to talk the Judge into removing someone he appointed a fiduciary. Not trusting him will not suffice. Also a proposed successor administrator will need to be suggested, such as... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: How can I get checks cashed in my mother's name and she passed away in February

What do I need to do

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 5, 2022

More than likely you will need to file a Probate Action, possibly a Small Estate Affidavit. Sometimes there is not enough money involved to justify the expense of Probate, so consult with a competent attorney.

1 Answer | Asked in Probate for Tennessee on
Q: If my siblings were given a lifetime estate in the property we jointly inherited can I still force a sale?

Can I use the partition provision of TN law to force a sale of property I jointly inherited with family members, when 2 of the 6 beneficiaries of the will were also given a lifetime estate in the properties as part of the will?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 28, 2022

Yes but only with their consent.

2 Answers | Asked in Probate for Tennessee on
Q: If I am joint owner of Mom's banking account will the court order that also to be split?

If I am joint owner of Mom's banking account will the court order that also to be split?

There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 27, 2022

If you are the Joint Owner, then the Bank Account is yours and does not go to the Next Of Kin. Who the Heirs are, of which Decedent, is something you need to talk to a competent attorney. Title needs to be searched, and Heirs determined. The paper may or may not be a Will. If not Probated, it... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: If I am the only living child will a court award disbursement to my deceased brother's children

There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it should be split equally between my brother and me. But I am told it is not a valid will. Would I not... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 27, 2022

When a person dies without a valid law, heirship is determined by the laws of intestate succession. It sounds like your mother was single when she passed. In that case the estate is split into one share for each child, living or deceased, unless a child died without any living descendants of his... Read more »

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