Cleveland, TN asked in Estate Planning for Tennessee

Q: When filing for probate of an estate shouldn't the estate attorney file the Memorandum of Tangible Personal Property

Father had added a Memorandum of Tangible Personal Property to his will 11 years after he did his revocable trust agreement. The memorandum meets all the requirements: hand written, dated, and clearly understood. It is also mentioned in his original trust.

This was shown to the estate attorney and he blew it off like it was not important. Now I am doing some digging and finding out is is very important to keep my sister from taking everything of great value.

My father also wrote a note on the top right corner of the Memorandum, changing how he wanted everything to be split due to the fact he was planning on taking my sister out of his will before he passed. This not is signed and dated and from what I am reading this is legit for a Memorandum and I have 3 articles stating TN law passed in 2017 fully recognizing all of this! I need to get this filed or something, don't I?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: There are some things that can be passed by memorandum and some that can't. Also, the items need to be in the trust in order to pass by memorandum referred to in the trust. You might think about taking all of the documentation that you have to another attorney for a second opinion.

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