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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
