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Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Divorce and Estate Planning for Tennessee on
Q: My father s ex wife is suing his estate for in paid alimony for the past 12 years. Alimony was ordered but never paid.

Supposedly there was a verbal agreement that she did not require it therefore he never paid it. Can she do that after not holding him in contempt of the divorce decree for 12 years?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 13, 2016

This is going to require a lawyer- You can't handle this yourself. There are lots of complex legal issues here- the statute of limitations ( time deadlines) the type of alimony originally awarded ( divorce law) Evidence issues ( about the oral agreement and the "dead's man... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can an heir get the will changed in order to sell unwanted property to whomever.

The will states that only family members can buy or be given the land as part of the father's will. Can this will stipulation be changed and if so, how?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 26, 2016

A will, once a person has died, CANNOT be changed- think about it, once you're dead, there's no doing anything. However, the wording you described sounds confusing, and this sometimes happens; the deceased is not clear about what he/she wanted done. In those cases, the judge sometimes has... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: Can a power of atty. With unlimited powers give the principals house away to the power of atty's son?

I know this lady who had unlimited power of atty. Over her aunt in Tenn., and about a year before the aunt died she quick deeded the aunts house and land over to her son.

Bennett James Wills
Bennett James Wills
answered on Oct 22, 2016

Power of attorney, no matter how broad, does not give one the right to commit fraud. The power of attorney grants a fiduciary duty to the holder. Consult counsel if you think something is awry.

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1 Answer | Asked in Estate Planning for Tennessee on
Q: What are the statue of limitations to contest a trust in TN?

My father passed away approx. 25 years ago. Leaving behind both his two children, both his parents and two siblings. His father passed away about ten years and his mother passed away a little over a year ago. My father's siblings took it upon themselves to take my fathers's mother and... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 10, 2016

The statute of limitations on a will contest is 2 years, but creditors of an estate have only 1 year to file claims against an estate. You do not say whether there has been an administration of your grandmother's estate, but if you are going to contest anything, you will be bound by the... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad died intestate. He had a policy but did not name a beneficiary because he was not married. Can I contest this?

Can you call witnesses in probate court?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 16, 2016

Your question is unclear- by "policy" I assume you mean a life insurance policy. If he did not name a specific individual as the beneficiary of this policy, then most likely the death benefits would be paid to his estate. You've said he had no will and was not married, so under... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: In TN if I died and I had a safety deposit box that I didn't tell my wife about would she be notified and gain access
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 14, 2016

Some banks, most likely the smaller one, might be alert enough to notice a customer's passing due an obituary in the local newspaper, but it seems much more likely to me that the only notice your family would get would be a bill for the monthly or annual rent for the box. If an estate is... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: What does it mean for a estate beneficiary to "revoke the waiver of bond" they had previously signed
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 14, 2016

The general rule is that any "fiduciary" ( a person in a position of trust, one who handles someone's money) should be bonded; in other words, there should be some insurance obtained to protect the owners in the event the fiduciary turns out to be dishonest and steals some of the... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: After my sister died (in Tennessee), her company set up a trust for her two sons. Looking for a form petition.

After my sister died (in Tennessee), her company set up a trust for her two sons. My nephews are now both over the age of 21 and apparently the trustee (or executor -- not completely sure how it was worded in the trust) has Alzheimer's and my nephews have been instructed to write a petition... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 3, 2016

I suspect you won't find a form for this- its unusual and fact specific. Look for "termination of trust." A trust is a written document, so you ought to get a copy of it and read it carefully- it may contain specific terms which describe under what circumstances it can be terminated.... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father passed away last month and I am a heir so why do I have to supenna the attorney for a copy of the will?

I am not the executor of the will. My sister is and I have asked for a copy from her but have refused to give me a copy. The attorney whom done dad's estate refuses to give me a copy and said, I have to supenna a copy from him. Why should I have to go through all that when I am a heir in the will.

Megan R. House
Megan R. House
answered on May 9, 2016

It sounds like you may not be a beneficiary under the will. If you were then you would have been contacted by the attorney or your sister to let you know that you are a beneficiary and what share you would receive. If he said that you need to a subpoena the will in order to see it, then you should... View More

1 Answer | Asked in Estate Planning and Legal Malpractice for Tennessee on
Q: Would I be held liable if I offered as a community service to help people do living wills

They would sign a disclaimer showing that I was not a lawyer nor was I offering legal advice etc. I would print off the living wills that were for Tennessee. They would also have to take them to get them notarized.

Adam Studnicki
Adam Studnicki
answered on Feb 16, 2016

You might run afoul of rules or laws against the unauthorized practice of law.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Estate Planning for Tennessee on
Q: Do I legally have to pay rent when have a leaking roof for over 10 mnths now that landlord is aware of and will not fix?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Aug 7, 2013

It depends on what your lease says. Most leases have a provision for how to notify a landlord when there is a problem. Most leases also state that you may not withhold rent. Read through the lease or bring it to a qualified attorney. Good luck!

1 Answer | Asked in Estate Planning for Tennessee on
Q: Mother deeded her house to daughter. Upon the death of the mother is there any way a family member can take the house?

Adopted son says he has a Will that says the house goes to him upon mothers death. Mother has no knowledge of this, but her memory is not dependable. The Will would have been done before the land transfer. How does daughter protect herself and keep the house?

Robert Jason De Groot
Robert Jason De Groot
answered on Jul 25, 2013

I suppose the property might be purchased from her.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Does step children inherit property of their step father. no will involved and Wife deceased.

Property belongs to stepfather mother.

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Aug 7, 2013

Because the step father died without a will, the property will go to his next of kin. Generally, step children are not the next of kin as they are not blood related to the step father. If the mother had a will or died with out a will and her estate never went through the probate process, the... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: CAN MY WILL BE REVOKED BY MY LIVING SPOUSE UPON MY DEATH?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

Your Will cannot be changed once you die. She can change her will after your death, so if you leave everything to her you should have an experienced estate planning attorney draft the documents.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Is the Executor of an Estate Required to live in that state (Tennessee)
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jun 19, 2012

The short answer is no, they are not required to live in Tennessee. When choosing someone to be the Executor of your estate it is often easier for them to perform that duty if they live near you. However, with the mobility in today's society sometimes family members are spread out and the... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: How can a holographic will wrote in Maryland declared non-existent, be entered into probate in Tennessee?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

The laws for the validity of a will are different in every state. Although Maryland does not accept holographic wills, Tennessee may, under certain conditions. If you think the will is fraudulent or invalid you should hire a Tennessee attorney that knows the laws in this state. They can work... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: What is the 120 hour code (in a will) in the state of TN?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 17, 2012

Are you discussing presumptions for simultaneous death? Wills can include a provision that states one spouse must survive for 30 days in order to inherit from the other spouse. If there is a similar clause in a contested estate, you will need an attorney to look at it and see if it is valid under... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: My live-in girl friend of 20 years past away without a will. what are my rights concerning personal property?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 8, 2012

This is a tricky question. Are you talking about her clothing or things like furnishings you bought together in the home? A good attorney with experience in wills will be able to wlak you through your rights and help you if you want to be appointed as the administrator of her estate.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Why am I being asked to sign a receipt and distribution statement prior to final distribution of estate being made>
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

The court needs to determine whether or not everyone named in the will has received their share before the estate can be closed. This is normally done by collecting signed statements from the heirs. If you think there is a compelling reason to refuse to sign you should consult an attorney to... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: When a will is drawn up by a lawyer, should it state somewhere that it was prepared by that lawyer?

If prepared by the lawyer, should it have an official notary seal,if it contains other notary info. such as when commission expires etc.? Also is that lawyer required to retain a copy of the will that he/she prepared?

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 8, 2012

When our firm prepares a will for the client it has our information with it. We are also the witnesses of the will and it is notarized by our paralegal. We do keep a copy of the will, but the original needs to be probated unless there are some extreme circumstances. If the original cannot be... View More

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