Lincolnton, NC asked in Estate Planning and Probate for Tennessee

Q: Does a will have to be filed after someone dies

Father was in nursing home and had a paper he signed over his home to one child had it notarized as well with witnesses. He has 2 other children as well. Do the one he left everything to have to file the will in the courts or can they just say they have a will that says they inherited it all. It's been 8 years and the house is still in deceased fathers name it hasn't been changed over but the 1 child won't show anyone the will. If there's a will can we contest it as well?

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2 Lawyer Answers
Bennett James Wills
Bennett James Wills
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: You would be wise to consult with an estate attorney over your issue. There are lots of factors that may determine how you could proceed, if you are not already time barred since it's been 8 years as you say.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If a Will is not admitted to Probate, then it it has no legal significance at all. The alleged owner may have an alleged Will or a Deed. If you really question either, file a Partition Action. As an Heir you have standing, and the occupant will either have to prove his title or get out for the sale.

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