Nashville, TN asked in Probate for Tennessee

Q: My mom passed away, no will, no property, just personal belongings. Was i supposed to go thru probate? She was financing

a car, but they sent me paperwork to assume the payments. I was on her bank account as well, and I am her only child and her beneficiary on her IRA. I've never been thru this before and I fear I messed up.

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: I don't think any serious errors have been made, based on your question. You don't say, but I assume your mom was single ( either divorced or widowed) or in other words, there is no surviving spouse. If so, as an only child, under Tennessee inheritance law, you now own whatever she owned. You say there was no land ( property) -only personal belongings, so ok, those are now yours. You do NOT owe her debts because you are her child, but her creditors ( if there are any) do have the right to be paid from her assets before the children inherit. If the car wasn't paid for, of course,the only way to keep it is to finish paying for it, so assuming the loan is probably ok. but make sure the Title certificate to the car gets changed also so that is shows you as the owner. In other words, you don't want to pay for the car only to find out months later that it is still owned by you rmom, and then a creditor comes along and finds out there is a car ( now free and clear of liens) which can be sold to help pay the deceased's debts. So, maybe instead of assuming that loan, you may consider getting a new loan. I also assume you already got the IRA money. If so, there's not much else to attend to. Many people die and the families don't bother with a formal probate ( also called "estate administration"). It all depends on what assets there are which need to be disposed of- and in your case, the assets were limited.

Hope this helps.

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