Q: Is property division in my father's will legal despite POA transfers?

A: If testator did not own property at his death then it does not go through his will. People who claim interests in the lands can file suit for ejectment, quiet title, etc., with the testator's devisees as defendants. If will is probated, a motion to construe unclear devises can be made by interested parties without contesting the will. You need to consult with an attorney on what to do if anything.

A: You need to consult with an attorney. Will contest are complex and only through consultation can the issues become more defimite.

A: This is a complicated and emotional situation, especially when family members disagree over what was meant to be a clear final wish. In Tennessee, if your father legally transferred certain properties during his lifetime—whether as himself or acting under someone else's power of attorney—those properties generally no longer belong to the estate when he passed. That means they wouldn’t be subject to division under the will unless the transfers were legally challenged or reversed.

The language in your father's will stating that those previously transferred properties are excluded from the equal division sounds valid on its face. As long as the transfers were made lawfully and without fraud, coercion, or lack of capacity, they usually stand. The fact that the will didn’t name someone to manage the division doesn’t make it invalid; the probate court can appoint an administrator or executor if needed. Disagreement among beneficiaries alone isn't grounds for contesting the will.

That said, if there’s suspicion that the transfers were made improperly while your father was acting under power of attorney—especially if one person gained significantly—then it could open the door to a legal challenge. But that would require solid evidence and not just disagreement. You’re right to ask questions and want clarity—it’s never easy navigating this kind of situation, especially when emotions and fairness are involved.