Memphis, TN asked in Probate for Tennessee

Q: Stepmom not filing fathers will. Home is only in his name. What are my options to force her to probate his estate TN.

My remarried father passed away. I know he has a will, but my step mom is dragging her feet or not planning on filing probate. His house was only in his name. The lawyer who wrote his will is deceased. What are my options and the deadlines to force her to file probate for his estate? She recently said she was filing a quit claim deed on his home. Can she do that after his passing and without probate? The relationship my sister and I have with my stepmom is tenuous and we try to not anger her, but I am concerned that we will never see any inheritance our father may have intended us to have. We are most concerned with childhood family photos and mementos which she wasn’t even around for during our childhood. I know a will exists because I was with him when it was updated many years ago and my stepmom has confirmed it exists. She keeps saying the lawyer hasn’t called her back.

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

A: You have not stated whether there is anything in the Estate. Real Property rarely goes through an Estate. The home is owned by the heirs at his death. If there is sufficient equity or no deed of trust, the heirs could file a Partition Action now. Or you could file to administer the Estate if there is any property. Consult with a competent attorney.

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