Q: My Father passed leaving a Will that left 100% of everything to me an only child. My Uncle filed a claim of $56,600.
He is stating that he was my Father's care taker for the last 7 year's...taking him to appointments ...mowing...getting groceries etc. He did do some of these things but my wife and I did them as well. Anytime my Dad had him do something he had to pay my Uncle.....my Dad complained about this all the time. My Uncle claims my Dad said he would take care of him. Does my Uncle have a leg to stand on and will I have to hire a Lawyer? I just received the claim tonight! I am so disturbed about all this....just after my Dad's passing he called me and asked for $30,000 for all he had done for my Dad. I have not spoken to him again. Please advise me on what to do.
A: You will need to file an Exception to his Claim at Probate Court. You probably will defend that there was no contract for his services. Also in this case, he was paid for everything he did already. It was obvious that he would file such a Claim when he called you. So why did you Probate the Will? You were his only Next-Of-Kin and Heir-At-Law and would take everything. Now you will have to try his Claim. You should have talked to a competent attorney prior to Probate where you were asking for such Claims.
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A: You have to file an exception to the claim and you have until thirty (30) days after the expiration of four (4) months from the date of the notice to creditors given as provided in § 30-2-306(b), the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to the claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered.
Tenn. Code Ann. § 30-2-314
Additionally the claim must be filed correctly pursuant to the Tennessee Code. If there are faults with the claim you can have it nullified.
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