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Questions Answered by Frank J. Steiner
2 Answers | Asked in Probate for Tennessee on
Q: How can I get a daughter of a deceased aunt to open up an estate per probate? She is not the executor of the will.

My step mother died in August and her sister died 24 hours prior to her death. The daughter was the only one who has access to the Trust and has been managing the money. She was given the death certificate and claims she does not have the original will. My father has already passed and has left... View More

Frank J. Steiner
Frank J. Steiner
answered on Jan 10, 2024

If you are named in the will or have a legal interest in the estate, you may file a petition to admit the will to probate,

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2 Answers | Asked in Contracts, Products Liability and Small Claims for Tennessee on
Q: can i ask for damages in small claims court for time, travel, gas, court costs materials used etc?

I ordered and a contract was approved by me for glass. The contract was amended by the company, as per my instructions, and "tempered glass" was added to the final invoice that was not specified. I signed and accepted the amended invoice when I picked up and paid for the glass. I found... View More

Frank J. Steiner
Frank J. Steiner
answered on Dec 1, 2023

In general Sessions Court you can always ask for damages, but if they are not included in the contract, the Court may deny.

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1 Answer | Asked in Probate for Tennessee on
Q: ln a family of step parent and parent have matching wills can the child of the deceased parent still be upon step death

My father passed away, when he passed he and my step mom had matching wills. She had mental health issues and past away from dementia, prior to her death her will was changed even though she had dementia. Is the original will in effect? Does this void the will and give their family all rights to... View More

Frank J. Steiner
Frank J. Steiner
answered on Oct 8, 2023

If you were a stated beneficiary in a will that was revoked by a new will while your Mother was diagnosed with dementia, you may have standing to bring a will contest.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father has a living will and it states then his girlfriend is the executor over the will.

My father's will states that his girlfriend and her grandson can continue living in the home after his death. It also states that the house is left 50% to me and 50% to his girlfriends grandson. I live in the state of Tennessee it is start anything I can do after his death and contest it and... View More

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

File a muniment of title with the will. Change title and eject the girlfriend. The will control over anything told to the girlfriend.

2 Answers | Asked in Estate Planning for Tennessee on
Q: My father passed in 2020 . Mother in 2007. Do I have to probate his will. There's only a small house and Im only child

Live in Tennessee.

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

You should file a probate for muniment of title to change the title in the home.

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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 Probate for Tennessee on
Q: As a beneficiary named in a decedent's will, am I able to file a muniment of title to obtain ownership to decedent's hom
Frank J. Steiner
Frank J. Steiner
answered on Mar 2, 2021

Yes, If you are named to inherit the real property

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 Business Law and Criminal Law for Tennessee on
Q: Should I file a police report to have charges pressed against my former business partners for fraud/theft?

In 2020, I joined a couple opening a business for a 25% share of the company. Since that decision I was working full time on the business putting in 80 hours a week average. My business partners told me their capital investment was through spending money on the business out of their personal... View More

Frank J. Steiner
Frank J. Steiner
answered on Feb 3, 2021

Yes, but better to sue them for fraud and go for civil damages.

1 Answer | Asked in Employment Law for Tennessee on
Q: If i walk off a job and it is not completed as an LLC because owner keeps changing the scope of work can i be charged

The owner keeps adding work but doesnt want to pay for it.

Frank J. Steiner
Frank J. Steiner
answered on Feb 3, 2021

When you agreed to the work did you have an invoice stating what you were going to do as a contractor? You should never do work unless the other party agrees to pay.

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?

Frank J. Steiner
Frank J. Steiner
answered on Feb 1, 2021

You and his wife are both heirs at law - not her children.You should contact an attorney concerning the nexts steps.

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3 Answers | Asked in Estate Planning for Tennessee on
Q: grandsons estate

he died at age 24. i raised him. had legal custody.. ofc he had no will. he has money from shares in stock coming. his mom refuses to deal with it. can i be the executor? if not how long before it would go to unclaimed property? its been a year since his death..

Frank J. Steiner
Frank J. Steiner
answered on Dec 23, 2020

Yes - you can file an estate and request to be appointed administrator.

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1 Answer | Asked in Estate Planning for Tennessee on
Q: My uncle is refusing to sign quit quit deed, for his sisters home that was left to me in her will. What can I do?

Her entire estate was left to me in her will. My uncle (her brother) wasn’t named at all in will. The title company helping with the closing of the home sale is insisting that even thou he isn’t listed on deed or will that he needs to sign this form.

Frank J. Steiner
Frank J. Steiner
answered on Sep 3, 2020

First check the register of Deeds to see if the Uncle is on the Deed. If not, take the will to a Lawyer and file a petition to probate the estate. The attorney will guide you through the process.

2 Answers | Asked in Probate for Tennessee on
Q: i recently rcvd a summons to appear in probate court for a civil action filed how do i respond i am an heir liveoutstate

it has been ongoing there is a settelment on the table but i dont know anything about it will i be held responsable for any monies if i dont apear i have rcvd nothing from the estate how do i defend againdt this action

Frank J. Steiner
Frank J. Steiner
answered on May 5, 2020

You should have an attorney review the summons and complaint

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1 Answer | Asked in Contracts and Consumer Law for Tennessee on
Q: Being charged ON Campus fees (for an ONLINE course) when no campus services are available be deceptive business practice

Being charged ONLINE fee and ON Campus fees when the course is only ONLINE. There is no benefit graduate students have from these ON CAMPUS fees and no lecture is given ON CAMPUS due to the course being ONLINE.

CAMPUS is now closed yet graduate students still being charged for ON CAMPUS... View More

Frank J. Steiner
Frank J. Steiner
answered on May 1, 2020

Interesting situation. While I agree completely that you should not be charged for on campus services if you are engaged in-line. It would depend on the contract between you and the university. I would first contact the Registrars office by telephone to attempt a resolution

2 Answers | Asked in Probate for Tennessee on
Q: Can i contest a will after father has been dead for less then 2 years

Father was to sick to change will after DNA was taken .

Frank J. Steiner
Frank J. Steiner
answered on Apr 25, 2020

Yes. So long as you have standing to contest the will - meaning you would have inherited if there was not a will or if you were in an earlier will. You will need an attorney to represent your interests.

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1 Answer | Asked in Estate Planning for Tennessee on
Q: Husband died. All assets were jointly owned except 1 Roth account worth $30K. Do I have to name our 2 adult children as

heirs when I file my small estate affidavit in Rutherford county Tennessee. All I am looking to do is transfer husbands funds into my own Roth account. Technically there was no will, but I did find a handwritten, signed paper from my husband stating that all his worldly possessions were left to me.

Frank J. Steiner
Frank J. Steiner
answered on Mar 4, 2020

The Roth account might have a beneficiary identified - Check with the institution holding the Roth account. You may not need to open a small estate

2 Answers | Asked in Contracts and Intellectual Property for Tennessee on
Q: I have a dispute with my publisher over editing. Can I get out of the contract?

The editor has gone far beyond normal practices in actually rewriting parts of the manuscript, adding unrealistic dialogue, and changing characters.

Frank J. Steiner
Frank J. Steiner
answered on Nov 18, 2019

Depends on the wording of the contract - get with a attorney to get it reviewed.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: Received a citation for no insurance during a lapse in my policy. The day after I purchased insurance. Court date soon?!

I have never been in an accident/never received a ticket before. I stopped my coverage due to car repairs ~awhile~ back and being a full time university student I let my self slip in the financial responsibility. I didn’t have insurance during the time of being pulled over but not even 24 hours... View More

Frank J. Steiner
Frank J. Steiner
answered on Nov 15, 2019

Just arrive at court early and show the documents to the Judge when you are called and explain what happened.

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