Lawyers, Answer Questions  & Get Points Log In
Tennessee Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: I just built a new home in Tennessee. After construction was finished a trailer park comes in.

I just finished building my new home. In front of my house a man is bringing in a trailer park. There is going to be 5 trailers in a 2.5 acre lot. This will make my value of the home go down can I sue for making my resale value go down. I had no idea this was going to happen or I would have not... Read more »

1 Answer | Asked in Estate Planning and Civil Litigation for Tennessee on
Q: Married with unsecure financial debt in my name only. We reside in TN in the event of my death is my wife responsible
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 9, 2022

Usually if not in her name, she is not responsible. But a creditor can argue some debts were a necessity, like medicals, food, rent, etc, and still sue her.

2 Answers | Asked in Estate Planning for Tennessee on
Q: My grandmother died in 1994. She left property behind. I pay taxes on it but have no rights. What steps can I take?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 8, 2022

Hire a competent attorney to determine Heirship, then and now. It will not be easy, and locating other Heirs may be impossible. Quit Claim Deeds or a Partition Sale may be the final result.

View More Answers

2 Answers | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: My dad was executor and refused the role so I was forced to handle everything.

My dad was put on my grandma's will as executor and when she passed he wrote a text message denying the rple as executor I was then forced to take care of everything regarding my grandma's funeral my dad then went to the bank and told everybody he is the executor. I ended up paying For... Read more »

Scott John Terry
Scott John Terry
answered on Aug 2, 2022

Depending on the size of your grandmother's estate, you need to start a probate proceeding and have yourself appointed as the executor of your grandmother's estate. If her estate is smaller than $100k, then you can avoid probate and handle it via a small estate affidavit. An attorney... Read more »

View More Answers

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Banking for Tennessee on
Q: My dad was executor of my grandma's will but refused the role. I was left doing everything. What can I do legally.

my grandma passed at my house while on hospice. I informed him of her passing and her will. He refused the role as executor and so did her brother the 2nd executor. I was left to pay and do everything. I paid for cremation Death certs, packing and moving her belongings from her apartment and her... Read more »

0 Answers | Asked in Estate Planning and Gov & Administrative Law for Tennessee on
Q: If someone places their company into a blind trust, do they still receive compensation from the company?

I am doing research for a project. If someone(say a politician) places their company in a blind trust(to avoid conflicts of interest) do they still receive compensation from the company?

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: How to remove a lawyer from an administrator position in estate of my husband?

The court appointed the probate lawyer to be an administrator in my husband 's estate,so basically I would like him to be removed from this position and estate to be closed. I just simply do not trust him.

Bennett James Wills
Bennett James Wills
answered on Jul 20, 2022

If he's court appointed, the court would need to remove him. You do this by filing the appropriate petition/motion. Consult a new attorney to determine your options.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: How to remove a lawyer from an administrator position in estate of my husband?

The court appointed the probate lawyer to be an administrator in my husband 's estate,so basically I would like him to be removed from this position and estate to be closed. I just simply do not trust him.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 20, 2022

That is a motion to remove the administrator for cause, and maybe an accounting. You will need some definite reasons to talk the Judge into removing someone he appointed a fiduciary. Not trusting him will not suffice. Also a proposed successor administrator will need to be suggested, such as... Read more »

View More Answers

0 Answers | Asked in Estate Planning for Tennessee on
Q: Can a Llc be put in a Tennessee land trust
1 Answer | Asked in Estate Planning for Tennessee on
Q: Can a LLC be put in a trust in tennessee
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 15, 2022

Yes, you can, but you shouldn't do this without the advice and assistance of an experienced estate planning attorney to make sure it is does correctly and that you make the right tax elections.

1 Answer | Asked in Estate Planning for Tennessee on
Q: My in-laws had their will/trust drawn up by a company that’s no longer in business. How do we find the original?

The company was Mid-South Estate Planning, which seems to have been charged with fraud or illegal practice.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 28, 2022

In the "old days" attorneys did routinely hold original wills in their safes. This was in part due to the fact that most regular folk could not afford their own safes and partly due to the attorney's desire to handle the probate when the client died. Now that safes are more... Read more »

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: If a will can't be found and the estate goes to probate, does the length of marriage factor into what a spouse receives?

For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 27, 2022

That is a good question because the surviving spouse's share is different depending on whether or not there is a will. If there is no will, like my colleague Mr. Avery stated, the surviving spouse's share is determined by the laws of intestate succession. At the risk of oversimplifying,... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Tennessee on
Q: I am marrying on 7/7. If I put assets I want to protect in a revocable living trust before I marry, will this suffice?

We were gonna do a prenup but we did not realize it was so complicated. All I need to do is protect some assets(i.e. inheritance, brokerage accounts, etc.) from my future wife's creditors, lawyers, or a judge in the unlikely event of a divorce. We have cohabited for 12 years and all our... Read more »

Bennett James Wills
Bennett James Wills
answered on Jun 21, 2022

Assets in your name acquired before marriage are not marital property by statute. Those items cannot be garnished just by way of marriage; a judgment of any type would need to be against you for a creditor to garnish/levy the asset. If you have significant pre-marital assets, you would be wise to... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: How do I go about getting a copy of my father's will in Tennessee?

I believe my brother overlooked an entry.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 14, 2022

You will have to ask your father for a copy. He is the only one that has the authority to release the original or copy of his will, for as long as he is alive.

1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: Can a notary notarize my will and be one of the 2 witnesses?

We went to the bank during COVID to have our will notarized; there were only 2 people at the bank therefore, the notary notarized it, signed as a witness and the other person was the 2nd witness. Is this valid/legal or do I need to have it redone? We drew up the will ourselves online.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 7, 2022

Will execution must be perfect and you will need a competent attorney. The need for Probate must be examined first, then you plan your Estate. Otherwise after you die it will be a mess, and the proposed document will be thrown out.

1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: Can guardians of minor, of an unprobated estate, no will, take items (cars) from estate and register in their names?

17 yo boy, guardians were in place till he was 18 (5 months) They registered 2 cars that belonged to boys grandmother in their name after her death. No will. They just said the grandmother told them they could have them. Never got the boy the SSI he was entitled to either. No other heirs.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 1, 2022

If the boy is the Next Of Kin, then the cars are his property. If not, then the rightful Next Of Kin should file suit in Chancery. You are not allowed to sit on your rights.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Do i need a lawyer to represent me in a conservatorship case ?

I've been taking care of a family friend for the past 2 years and recently he had his leg amputated. His sister came down from Chicago to visit with him. We both were his medical POA. Until his sister tried to put him in a nursing home far away from anyone. He then took her off as POA, now... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 27, 2022

You are not legally obligated to hire an attorney to represent you. You can legally represent yourself. However, you will probably obtain a better result and have more confidence with what you are doing if you hire an attorney to help you.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Where is a Original copy of a Will stored within the government facility

Family property left to children

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 19, 2022

The Testator can ask the Clerk & Master of the Chancery Court to hold onto the original Will until it is needed by the Executor for Probate. However it is not required and is rarely utilized. Usually you have to search for the Will amongst the Decedent's belongings. A copy of a... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: If I open a trust fund for my daughter from a previous relationship Will this be protected?

If I get divorced from my current husband will this money be protected? Could he take half of it or is it safe since it’s in her trust fund.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 11, 2022

Do not create this Trust yourself. Hire a competent attorney to draft a simple Trust, possibly Spendthrift, without anyone else but the Trustee knowing. It will be difficult to keep it out of a divorce unless it is set up right and only certain people know about it. You will probably not... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father passed away yesterday without having a will. He Don’t have any property or land he only has $1200 in an accoun

He died without any insurance I was trying to get the money to go toward his funeral expenses. I’m his biological son

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 5, 2022

You can check to see who are the authorized signatories on the account with the Bank. But if he owned it individually, noone else has access to it right now. Sometimes a Bank will consider an Affidavit of Heirship as evidence of the Next Of Kin entitled to the personal property. Otherwise you... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.