Can I contest my uncle's decision on my grandmother's estate in Tennessee?

Question

My grandmother passed away without a will, leaving behind properties and bank accounts. My uncle has taken control of the estate and decided who gets what, but I have not received anything. I lived with my grandmother all my life and feel I should be entitled to part of the estate. Is my uncle's decision legal, and do I have any options to contest this?

Nina Whitehurst · Answer

If your grandmother was unmarried when she passed then the heirs are her living children and the living descendants of any deceased children. If you are the child of a deceased child of hers then you should inherit a share of her estate. If you are not, then you do not inherit. Having lived with her for any length of time does not change this.  
 
Probate also takes time. Assets usually need to be sold and creditors and expenses of administration need to be paid before any distributions can be made. This often takes more than a year.  
 
Probate files are open to the public. You can obtain copies of anything in the file that you desire. An attorney can help you demand inventories and accountings if you do not receive any in a timely manner.

Frank J. Steiner · Answer

Grandmother's estate goes to her children, by intestacy. Are your parents still alive? How many children did grandmother have? You should consult an attorney.

James L. Arrasmith · Answer

Since your grandmother passed away without a will, her estate will be distributed according to Tennessee’s laws of intestate succession, which determine who inherits her property. If your uncle has taken control of the estate without following these laws, there may be grounds for contesting his decisions. As a grandchild, you may have a right to inherit a portion of the estate, but this depends on the surviving family members. If your uncle is the closest living relative and is acting as the administrator, it’s possible he has taken control, but he must follow the legal process. 
 
If you haven’t been included in the distribution, you can request to be part of the legal proceedings regarding the estate. This usually involves filing a petition with the probate court, asking for your share based on intestate succession laws. If your uncle has made decisions about who gets what without legal approval or consultation with all potential heirs, you can challenge his actions in court. 
 
To contest his decisions, you’ll likely need to file a formal complaint or petition with the probate court, showing that you are entitled to a portion of the estate. It’s important to gather any supporting documents, such as proof of your relationship with your grandmother, and possibly consult with an attorney who can help you understand your rights under Tennessee’s probate laws. This can help ensure the estate is divided fairly.

Q: Can I contest my uncle's decision on my grandmother's estate in Tennessee?