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Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Tennessee on
Q: I need to know what I can do for a non relative undergoing conservatorship hearing

She is very capable of paying her bills, she pays all her bills herself with no help, she has investments and everything. They are saying she is incapable and already undergone the test, and been appointed a conservator but the hearing is the 28th. I'm not related, and her closest relatives... View More

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answered on May 27, 2024

You can call the court where the case is being heard and ask who has been appointed to serve as attorney ad litem to the respondent, or who has appeared as the respondent's private attorney (this is uncommon but theoretically possible). Then contact that attorney to offer your testimony.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: In a valid 'Last Will & Testament' w/ a 'real property' that has a direct beneficiary listed, can this by-pass Probate ?

In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct

beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a... View More

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answered on May 16, 2024

The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can someone name 2 persons (daughters) as "co-attorneys in fact" in their Durable Power of Attorney document?

My 92 year old father is updating his estate planning documents after the passing of my mother. He wants to appoint both myself and my sister as co-attorneys in fact since we are both helping him with his financial and medical affairs. He doesn't want to name one person as primary and the... View More

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answered on May 7, 2024

There is no law that prohibits co-attorneys in fact. However, conventional wisdom is to avoid it because having co-attorneys in fact can become unwieldy, especially if they get sideways with each other. If they must act together and they are unable to work together then the effective result is... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Does the estate pay for the personal representatives lawyer.

For a will dispute to discredit a beneficiary.

Anthony M. Avery
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answered on May 2, 2024

Sometimes yes, sometimes no. There is no exact law. I am not sure what discrediting a beneficiary is, but that is not a Will Contest. You probably need to retain an attorney to represent you as you are obviously confused as to what is going on.

1 Answer | Asked in Estate Planning for Tennessee on
Q: I live in Davidson County Nashville TN and tried to submit an estate claim. How can I get an extension?

The employees at the county clerk's office informed me that the case is pending and there is not a personal representative assigned. Therefore, they do not have anyone to receive the documents for the claim. The one-year deadline is June 25, 2024 for the decedent. I need to request an extension.

Anthony M. Avery
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answered on May 1, 2024

You might consider making a Motion to appoint yourself as administrator due to being a creditor. A lawyer will be necessary, and probably a Bond. Then you file the claim against the Estate. The claim may not be worth it, but this happens alot when clients die with a pending case.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Division of inheritance when one or more children die. Spousal and grands concern. Following is more in depth question.

Three children. All married. Want to put the house in all three of their names. However if one child dies, I want the remaining two to get the third chip’s portion to divide. I do Not want my child’s widower Or even my grandchildren to inherit that portion. Strictly want my children to have... View More

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answered on Apr 18, 2024

You could convey to each of the three kids as joint tenants with right of survivorship. Rarely do I suggest that estate but it appears to meet your wishes. However during the three, then two childs' lives somebody has to pay taxes, insurance and possibly a deed of trust note. Also the... View More

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My parents purchased a trust in Tennessee, the person who sold it was not an attorney and the fee went to the non attor

the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?

Anthony M. Avery
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answered on Apr 17, 2024

Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother died in Tennessee. She had an Edward Jones account with my sister, myself and my brother named as beneficiary.

There wasn't any percentages given as to the division of account. Who is entitled to the money in the account?

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answered on Apr 12, 2024

A beneficiary designation like the one you described is usually interpreted as meaning equal shares.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My husband passed away in January and his mother went and took all his belongings out of our cabin. A crime??

Me and our children are the heirs. What can I do she won't speak with me.

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answered on Apr 10, 2024

Hire a probate attorney. Get yourself appointed as executor or personal representative. Then as executor or PR sue her for the return of items stolen from the estate.

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I need to know if I have the tenant right to survivorship on savings and checking account that I was joint with my dad

Do I have to add to the estate and share amongst my siblings ?

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answered on Apr 4, 2024

If you are a joint tenant on a bank account, and the other tenant dies, then the money is yours individually. Ask the bank and look at the signature care for the account.

1 Answer | Asked in Estate Planning and Health Care Law for Tennessee on
Q: Can I request medical records from the hospital from my stepfather if I'm the beneficiary on his life policy

My stepdad passed away in October and he had a life insurance policy which I am the Beneficiary of he also lived with me and my wife for the last two years before he passed the life insurance company is doing an investigation because this policy was written 6 months before he passed, the death cert... View More

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answered on Mar 20, 2024

Being a designated insurance beneficiary does not give you standing except to sue on the insurance policy. If under $25K, you might file suit against the carrier in General Sessions. I suggest hiring an attorney to pursue your policy amount. It will be difficult if you do not have a copy of... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

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answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

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1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Tennessee on
Q: Will Attorneys construe what a litigate is trying to say?

I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More

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answered on Mar 6, 2024

Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Does my secondary Executor have to be a "same state" resident? [TN] Should I file a Codicil?

My will states my husband as Executor, with my son as secondary.

With my son being a non-resident, should I change my Executor directives?

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answered on Feb 21, 2024

There is a registration process with the Secretary of State for non-TN personal representatives. However the Will has no effect until testator dies and it is filed for Probate. If you want to change something, then execute a new Will and destroy the present one. Codicils can impute contests.

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: How do heirs handle a petitioner to be the executor, who has made moves against the estate?

Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the... View More

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answered on Feb 5, 2024

Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: My mom has passed. My father's will states everthing is divided equally between my sister and l.

What if l die before my dad? Will my sister get everything or will my daughter inherit my portion. His grandchildren are not named in will.

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answered on Feb 5, 2024

Your question cannot be answered without reviewing the will. It could go either way. It depends on how the will is worded. You should schedule a consultation with a probate attorney in your area.

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Tennessee on
Q: Two surviving children of my father that was married before he passed. Can I pay all unpaid property taxes...cont

In full and be able to obtain the current deed following payment? As well as claiming ownership?

James L. Arrasmith
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answered on Feb 1, 2024

To address the unpaid property taxes and potentially claim ownership of the property as one of the surviving children of your father, you'll need to follow a specific legal process:

Pay Unpaid Property Taxes: You can pay the unpaid property taxes to bring the property current. Make...
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1 Answer | Asked in Tax Law, Estate Planning and Probate for Tennessee on
Q: Two surviving children of my father that was married before he passed. Can I pay all unpaid property taxes...cont

In full and be able to obtain the current deed following payment? As well as claiming ownership?

James L. Arrasmith
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answered on Feb 1, 2024

Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer... View More

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Need clarification on wording: On a Tennessee Deed in my father and stepmothers name.

I looked up Tennessee law and it says if someone dies without a will the home is divided between the children and spouse with spouse receiving no less then one third.

The deed says : My fathers name and his wifes name there heirs and assigns forever in fee simple

Grantor covenants... View More

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answered on Jan 26, 2024

Ownership of real property by husband and wife creates a tenancy by the entirety unless the deed specifies a different form of ownership. When one dies the other becomes the sole owner.

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1 Answer | Asked in Estate Planning for Tennessee on
Q: Can a person use a template found online to do their Last Testament and Will on their own in the state of Tennessee?

Or is a lawyer or notary needed? How many witnesses are needed?

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answered on Jan 18, 2024

Two witnesses are required by law. Notarized self-proving affidavits help get the will admitted to court so that the witnesses do not have to be found to testify later.

There is no law that requires you to engage an attorney to prepare a will, but doing do is a really good idea. Really...
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