Chattanooga, TN asked in Probate for Tennessee

Q: I have copy of a elderly gentlemans will, who my mother in law and I took care of for past 15+ years. He was 88.

He had been legally blind for yrs, Parkinson's and a recent stroke. He had a legal will done in 2014 by his attorney in FL prior to moving with us to TN. He had no assets other than bank account ($130,000). Mother in law, who was executor has passed away as well. My husband & I are named beneficiary what do we need to do since account was only in his name?? I have contacted the FL attorney but she does not keep original Wills in file.

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2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: You must submit the will for probate in order to confirm his desire to make you the recipients of his estate. Contrary to much misinformation which is popular for those individuals selling living trusts, etc, for most estates, the probate process is simple and inexpensive. Consult an experienced probate lawyer ( and shop around, talk to more than one) for the specifics of your situations.

Anthony M. Avery
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Answered
  • Probate Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: It is always difficult to Probate a Copy of a Will. You need the Witnesses, who are probably in Florida. Also someone will have to be appointed by the Court as the Executor. It may be easier to Probate in Florida, then the Executor uses the Letters Testamentary to get the assets of the account. Hire a competent attorney or forget it about it.

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