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Tennessee Probate Questions & Answers
1 Answer | Asked in Probate for Tennessee on
Q: Planning for the future, what is the process once my Mom passes? She only has home furnishings in a small rental home.

Mom has a will listing me as the Executor and me an my sister as the beneficiaries. She rents a small condo and her only debts are the monthly rent and utilities. Her bank account is joint account with with me. Her only assets are the personal property in the home (furnishings, kitchen ware,... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

It does not appear that Probate would accomplish anything in your situation. In fact, it would attract creditors.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother recently passed away leaving no will. The only children were my brother and I but he has just recently passed.

My mother has a home that I know she wanted to leave with me becaused we've discussed it. I had a brother who passed away recently after my mother. My brother and I were in the process for me to have full ownership of the home because he was ill and residing in a nursing home and did not want... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

You have not stated what the title is. But it may result in you and the Son being tenants in common. If so, you may wish to have a lawyer draft a Deed with a proper derivation of title clause, and try to buy him out. Remember taxes, insurance and note payments must be made, or a foreclosure... Read more »

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Property in TN, both owners are deceased. Can the only living decedent of one of the property owners Warranty Deed it?

Property in TN, both owners on the Deed are deceased. I was able to get in touch with Daughter (lives in KY) of the deceased. I want to purchase property from Daughter, will a Quit Claim Deed or Warranty Deed be needed? Or what is needed to purchase property from Daughter?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

Hire a competent attorney to search the title, determine heirship and prepare a Deed. Warranty Deed can be used, but do you plan on suing the Seller? She might not want to give four covenants of title to property she has not had possession of. QCD is more likely her choice of conveyance.

1 Answer | Asked in Probate for Tennessee on
Q: Can i have my sister removed from ourparents house untill the will has been probated she is exsecator of the will

My parents will states there property and estate is to be split equally between me and my sister and ahe is is named to over see the will she is currently staying in my paremts house and was before they passes away to help them and i have recently found out that she is letting my nieces and there... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 18, 2022

Was the Will Probated? If not, it means nothing. You may want to hire an attorney to Probate the Will, or possibly remove her as Executrix. Ultimately you can file for a

Sale for Partition of the real property.

1 Answer | Asked in Probate for Tennessee on
Q: Should my lawyers be billing me thousands of dollars for their time as they handle the probate for my deceased brother?

My brother owned a house in Salton City, CA

Nina Whitehurst
Nina Whitehurst answered on Jan 16, 2022

Probating estates in California is very expensive. There lawyers do not bill by the hour the way they usually do in Tennessee. Instead they bill according to a statutory fee schedule that is based upon a percentage of the value of the assets. Probates in California are close to the most... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad's life insurance policy. His wife, myself, and my sister are listed as primary beneficiaries.

if wife passes before policy is cashed out; who is entitled to her part of the life insurance?

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2022

More than likely the Wife's Will Beneficiaries or her Next Of Kin. But there may be alternative beneficiary designations. In any event the Policy Beneficiaries may need a lawyer to make a claim on that Policy.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: I borrowed money from my father to buy a house. I am his only child. He does not a have a will.

What happens to this debt when he dies? He is listed on the deed as having a lien on the property.

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

I do not understand that there is a lien in the deed language. Vendor's Liens have not been used for over 80 years. You are probably an heir if not the sole heir. If the sole heir, you also own the debt against your property, if it actually exists. Hire a competent attorney to search the... Read more »

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can be done if an a family member took a laptop and cell phone of a person that just passed home?
Nina Whitehurst
Nina Whitehurst answered on Dec 25, 2021

After being appointed by the probate court, the executor has the power to collect all of the decedents assets, including obtaining court orders to third parties to turn them over to the executor.

1 Answer | Asked in Probate for Tennessee on
Q: In Tennessee do I have to go through probate court.?

My grandmother passed away and left a will with me and my brother's name on the will. Everything is well documented in the will with everything going to just me and him. She left her 401k, money that she saved in her bank accounts ,car and,house all to use. She don't have any big debt... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2021

Probate is how wills are administered. If there are assets that need to have the title/ownership changed, probate is how it is done. Take the bank account, for example. I assume it is in her name and she did not name a death beneficiary. You will not be able to collect that money by just... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: If will instructs sale of home and all heirs would like to keep home. Will we be forced to sell? What are our options.

Parents passed in 6/21 and 11/15. In 2015 I added on their home and moved in to provide care and monitoring. They were in agreement and seemed to be managing then I realized bills and payments were missing etc.. I took over paying the bills but this was from my funds to keep it simple and avoid... Read more »

Shanone Emmack
Shanone Emmack answered on Nov 8, 2021

If the Will directs you to sale the house then you may have to do so. I would like to read the will to say for sure.

You may make a claim against the estate for the house add-ons and bills you personally paid. However, in this case you cannot use the small estate affidavit option...
Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: If a husband/wife want to avoid probate and seek to establish a living trust. Is there one trust with both or one each?

In the state of Tennessee.

Nina Whitehurst
Nina Whitehurst answered on Oct 27, 2021

There is no one size fits all answer to your question. Sometimes a joint trust is appropriate and sometimes separate trusts. For advice personalized to your individual circumstances, you should schedule a consultation with an experienced estate planning attorney.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad died with personal loan in his name only. Is his wife liable to repay? All assets (not much) were jt, no executor
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Some necessities and medical bills can be asserted against the surviving Spouse. But if no Probate Administration, it will be difficult for the Creditor even find a Defendant to serve. If the Decedent had real property, a Judgment Lien could be a real problem.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Does house and car need to go through probate in TN? Will leaves one child house and other car/guns.

Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 15, 2021

Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Can the home and land be probated and auctioned if the decease was in Bankruptcy Court at the time of death ?

I was served with a summons by my stepdaughter

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

Usually real property is not an Estate Asset. But this might be an Insolvent Estate. Deceased Petitioners can receive a Chapter 7 Discharge, which might help the Estate be free of Claims. If the property is valuable, you will need to hire a competent attorney to look into this as it is... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: A man died in TN w will. Beneficiary cant be located. No immediate family. Is there any reason sibling couldnt be heir
Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

Hopefully nobody has filed that document for Probate. Then a good lawyer can provide a source of title for the existent Heir. If Probated there is a statutory process for searchng for heirs, which is expensive and difficult. The Estate may not be worth it, and whoever filed it for Probate... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: I am the Administrator for my son’s estate. He signed a note to his former employer. Can I dispute?

Can I make them provide receipts for charges? Also, he had some vending machines at their business with a partner. They are claiming after 15.years that he doesn’t own them and are keeping his proceeds and still sending the partner theirs. Is this legal?

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2021

The creditor has the burden of proof for a debt. And as the Administrator you have standing to sue for breach of contract, which is going to be hard to prove, and you have the burden of proof. You will have to have a competent TN attorney and time may be working against you. You will have to... Read more »

1 Answer | Asked in Banking and Probate for Tennessee on
Q: Small Estate Affidavit

My father died 5 months ago and my mother is being told by her bank that she must file a small estate affidavit with the court before they will give her a "gold seal" that she needs to receive earnings from some stock my father owned. She has received conflicting stories from every... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2021

The assets that are counted for determining whether the estate is under the small estate affidavit limit would NOT include the "jointly" owned house or vehicle, but there is a process that needs to take place to get those retitled.

The personal property and bank accounts of the...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Probate for Tennessee on
Q: we are needing to do appeal on a probate judgment which happen 2 weeks ago.

We were being sued by my sister which she thought we stole money from my mother when she lived with us. this is not true. we browed money and mom knew about and came up with agreement which this paperwork was not admit in because we did not have anything with us because we did not know at the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2021

If within 30 days of entry of the Judgment, you might file a Rule 59 Motion To Alter or Amend with the Probate Court. Later you might consider an appeal, but first you want the trial court to hear that you actually borrowed money and were paying it back. Hire a competent attorney as you need a... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My father just passed away, he has 3 daughters. I am the oldest and one is underage. He also had a girlfriend living

With him at time of death. Can’t locate a Will. His girlfriend is making it seem like she doesn’t want me to look through anything or take anything. What rights do I have and she have? She still at his house.

Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2021

Absent a will that leaves things to her, your dad's girlfriend has no rights. You need to hire a probate attorney right away to get a probate case started in order to transfer assets to your dad's heirs, his children. The court-appointed executor may also need to hire an eviction... Read more »

2 Answers | Asked in Probate for Tennessee on
Q: My mother died 6 years ago leaving me her house. Is there a way to get the deed in my name before the probate complete.

My sister lived in the house here in TN but has since moved to FL. Me and my husband want to renovate it and move in. We need the deed in my name to get the loan for renovations. We were told probate will take up to a year even though my siblings will not contest the will.

Nina Whitehurst
Nina Whitehurst answered on Sep 9, 2021

It sounds like you already have a probate open, so this question really should be directed to your probate attorney. Your probate attorney will need to ascertain whether the will brought in the house as a probate asset. Some wills do and some wills don't. If the will is silent on this, then... Read more »

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