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Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Tennessee on
Q: Mom died in 2011 w/o a will I'm the only child. House is paid for in ms. What do I need to do to get it in my name?

I have continued paying the taxes on this property.i want to sell it

Anthony M. Avery
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Anthony M. Avery
answered on May 30, 2023

Hire a MS attorney to search the title, determine heirship, and draft/execute an Affidavit of Heirship to record a s a source of title. This is probably all you can do to make your ownership of record, unless there is a title problem that needs to be cured or litigated.

1 Answer | Asked in Estate Planning for Tennessee on
Q: my husband just lost his stepdad the will there are 2 items I am curious about

the items are the Primary disposition of estate and the alternate disposition of estate. My mother in law is the only one listed in the primary disposition of estate. My husband , his stepbrother and sister are listed in the alternate disposition of estate. I guess my guess is can she sell the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 24, 2023

Is the Will being Probated? If not, it has no effect and StepDad's Heirs and Next Of Kin take (not Husband). From your description, it appears Mother In Law gets all property, as I assume she is alive.

1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: Can I sue the estate of someone who molested me and was convicted. This was almost 25 years ago. He just recently passed

My mother and aunt were in charge of his estate I'm guessing. I have had zero contact since the day I testified. I have always wanted to sue him but was afraid to see him. Now that he is gone, can I sue the estate? Conviction happened in Tennessee. He was a resident and passed in Mississippi.

Anthony M. Avery
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Anthony M. Avery
answered on May 26, 2023

Looks like he died a MS resident. You might check in County of death as to whether there is a Probate or not. If so, then consult with a MS attorney about possibly filing a claim. But any suit for damages would have to be in TN where attack occurred, and your SOL ran a long time ago.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights, Energy, Oil and Gas and Probate for Tennessee on
Q: The electric company will not turn on service. I showed them a will. The house goes to us 3 daughters.

I am one but they will not turn on service even through I'm on oxygen at night. The excudar is my one sister that is still alive. They want her to sign a document saying whe is the owner and I am a tenant. She refused to sign anything. I am in the process of doing the title transfer but in the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 17, 2023

If the will is not probated it has no effect, including sister not being an executor. If no will then you might be an heir, so a recorded Affidavit of Heirship might help (both as a source of title and to get the power in your name). Hire an attorney to determine heirship and draft an... Read more »

2 Answers | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Is my mother or are my two brothers and I entitled to part of insurance money if deceased father was a co-beneficiary?.

My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 12, 2023

Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... Read more »

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1 Answer | Asked in Estate Planning for Tennessee on
Q: What is the difference between the “establishment date” and the “execution date” on a revocable living trust?

We are trying to get a saving account name changed at a national bank. We gave them a copy of our legal, notarized living trust and they indicated that the “establishment date” and the date the trust was “executed” needed to be the same date. This is the first time this has ever occurred... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 11, 2023

That is the Bank's own rules. You will need to find another Bank as you will not want to settle the Trust and reexecute another one just for this one account.

1 Answer | Asked in Estate Planning for Tennessee on
Q: My husband and I are both on second marriages with children. We are buying famliy(mine) land from my parents and I want

to know if there is a way to ensure that my stepchildren can not ever inherit the land that I intend to leave to my children as it has been in our family for several generations.

Nina Whitehurst
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Nina Whitehurst
answered on Apr 18, 2023

One way to accomplish this is to place the land in a trust during your lifetime. The trust can then be structured to continue after you pass in favor or your children and then your children's children, etc. Or you could place the land in a limited liability company that itself contains... Read more »

1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for Tennessee on
Q: If I was left a house in a quit claim deed, does the house count as inherited? How does it affect capital gains taxes?

My uncle's house was listed in the will, but I thought the quit claim deed signed just before he died 4 months ago would keep us out of probate. I'm going through probate anyway since my name wasn't on some accounts (I am the sole inheritor). I'm trying to sell the house but I... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 4, 2023

That is quite unfortunate. If your uncle deeded the house to you during his lifetime, as a lifetime gift, then your basis is the same as whatever his basis was (the amount he paid for it plus capital improvements). This is called carryover basis. If the house has appreciated in value since he... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: Grandmother passed, no will, little assets. Home is still owed on. It's been 30 days

and no one has filled for probate. With little amount of stuff, will this even go to probate? Can the house be transfered to son with a balance still owed?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 27, 2023

If no Will probated, home is owned by heirs as tenants in common, subject to Deed of Trust. But if Note is not paid, foreclosure will occur. After 45 days from death, a

Small Estate Affidavit could be filed if personal property under $ 50K. If Probate is not needed, then do not file....
Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Family Law and Elder Law for Tennessee on
Q: can he/she get a warrant out on them based on accusations? without questioning the other party beforehand

can they get a warrant out on someone without facts after threatening other parties. making accusations

Brandon D. Fersten
Brandon D. Fersten
answered on Mar 27, 2023

Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... Read more »

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1 Answer | Asked in Probate, Criminal Law and Estate Planning for Tennessee on
Q: My dad passed and my mother had dementia, severe no wills but I had two of my younger siblings present a falsified p.o.a

They presented it to the bank, social security what legal actions can I do to charge them if any accountability on their part for doing this? I am the oldest as well as the executor of the estate

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 18, 2023

You can file a petition to nullify the POA due to your mother’s lack of capacity, which you can prove with medical records and doctor testimony.

After the POA is nullified, you can file a petition for the appointment of a conservator for her. The conservator will be required to account...
Read more »

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Is there an obligation for my sister to sign a contract and if she refuses, would that be her forfeiting her claim?

My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 10, 2023

I am sorry for the loss of your mother.

I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest...
Read more »

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1 Answer | Asked in Elder Law and Estate Planning for Tennessee on
Q: At what point does the state of Tennessee appropriate land for elder care?

The land belonging to the senior. If a beneficiary is added to the land title? Is there restriction if the land is under a land contract?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 9, 2023

There is no minimum, and I have seen the State pursue to sale a $ 17,000 lien. The owner needs an attorney to look at options, for which time is a consideration. There are criminal sanctions involved, so it is serious. With a house and alot of acreage, very good options exist.

1 Answer | Asked in Estate Planning for Tennessee on
Q: In order to take advantage of a deceased spouses unified credit by using a credit shelter trust, does the credit….

Shelter trust have to be created prior to the first spouses death?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 21, 2023

Usually (but not always) the credit shelter trust is created soon after the death of the first spouse to die, BUT there must already be a trust or will that provides for its creation.

1 Answer | Asked in Family Law, Probate, Elder Law and Estate Planning for Tennessee on
Q: How can I file charges against a brother and sister that removed and sold cars titled to dad mom is still alive.

Auto,s guns and much more taken an sold . They are taking from my mom which is elderly but is of sound mind herself

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 13, 2023

First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Tennessee on
Q: Joint ownership, one died and left life estate, does the owner left alive have total control over land?

My grandmother and great aunt had a joint ownership on some land, my great aunt passed away and left a life estate for her husband with no further details as to what he can do with it. Does my grandmother have total control over the land?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 8, 2023

You will need an attorney to search the title as you have not stated what the Deeds say. There may be a life estate, or it may have never come into existence. There are all kinds of joint ownership. It sounds like GrandMother may still own a fee or at least a one/half interest as a tenant in... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: If there were two irrevocable wills issued does the first irrevocable will and beneficiary prevail? Tennessee.
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 3, 2023

It is very rare (but not impossible) for a will to be irrevocable. For that reason alone you should have both wills reviewed by a probate attorney for definitive advice.

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1 Answer | Asked in Estate Planning for Tennessee on
Q: State of TN - Can a Will establish a life estate after a life estate was established on a deed years prior?

My father had an attorney create a deed listing my father and mother as life tenants and myself as remainder owner. My father passed and my mom had a Will created naming a grand daughter as a life tenant for one of the properties and myself as remainder owner.

(Her attempt was to give a... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 28, 2023

If the life estate deed was properly executed and recorded, and your father has already passed, then, when your mother has passed you, as the remainderman, will be the sole owner. Her will can have no impact on that property, because her life estate ends at her death. In other words, the property... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: If my Great uncle passed in 2005 and states that he left no heirs could I step up and claim

A partition has been done[2023]. I'm 40 years old born in 82 and uncle died in 2005.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 6, 2023

If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.

1 Answer | Asked in Probate and Estate Planning for Tennessee on
Q: If I am the sole beneficiary of a will and also the executor of the estate can I use the funds before probate ends?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 26, 2023

I do not recommend you use any assets that are subject to Probate Jurisdiction until the Estate is closed and the funds are properly distributed to you. Otherwise it would be a breach of fiduciary duty, or there might be a late filed Estate Claim, another Will filed, etc.

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