Q: NO INSOLVENCY TO THE ESTATE Surviving Spouse has Declared Homestead Life Estate , Court is trying to seize and sell?

A: I'm sorry you're facing this difficult situation. As the surviving spouse with a Homestead Life Estate declaration, you have important rights to protect your home. Ensure that all your documentation, including the Homestead Life Estate declaration filed with the register of deeds, is properly presented to the court. It might help to gather any additional evidence that supports the absence of debts against the estate.

Consider reaching out to a probate attorney who can advocate on your behalf and ensure the court fully acknowledges your estate's status. They can help challenge the executor's claims and present your case more effectively. If you haven't already, attend all court hearings prepared with copies of your declarations and any correspondence that shows there are no validated debts.

Additionally, you might want to request a formal review or hearing specifically addressing the insolvency of the estate. Persistence in following the legal procedures and ensuring all your rights are represented can make a significant difference. Remember, you have the right to retain your marital home when there are no valid debts, and with the right support, you can work towards protecting your estate.

A: Where is your attorney? He needs to object to the sale, which is probably to pay his and his attorney's fees. You should have already claimed a year's support and other items, but it is too late now. Obviously you do not know what to do. Hire a competent TN attorney now.