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Tennessee Probate Questions & Answers
1 Answer | Asked in Probate for Tennessee on
Q: My dad passed away a couple months ago and I got a court summons my nephew has hired a lawyer and was in court with Will

I have always lived with him but I stay in the garage. My nephew was in court with a Will saying that everything is to go to him when I am his son and there was no will at the time of death do I have any rights and is there any thing I can do to keep my home

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answered on Oct 26, 2024

You can hire an attorney to help you contest the will. There are strict time limits for will contests so you should not delay hiring a will contest attorney. If this was some time ago it might already be too late but the only way to find out is to schedule a paid consultation with an attorney to... View More

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Clamming land that was quite clammed deeded and now person's are dead

A portion of property from original property was quite claim deeded to persons that are now dead . How to go about getting that piece of land back

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answered on Oct 25, 2024

There are too many facts missing from your narrative to answer your question in any definitive way. As to each name on the deed an attorney would need to know if the person died testate or intestate, where he or she died, whether the estate was ever probated and where, if the death was recent... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: How long after someone being served does it take to set a court date for a partition sale?

I cosigned for a house with my daughter-n-law. They have cut off all communication and making late or no payments at all that is affecting my credit. I hired a lawyer 8 months ago. And he doesn't communicate with me without yelling at me. And I still have no court date set. How long after now... View More

Anthony M. Avery
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answered on Oct 23, 2024

The Partition Sale may not work because lack of equity. Your lawyer needs to make an estimate of this. If it is not economically feasible then it will be dismissed. Your lawyer can move the Court for a trial date, and it is usually a simple trial. You are trying to get an order for sale for... View More

1 Answer | Asked in Contracts, Real Estate Law and Probate for Tennessee on
Q: What are my options for speeding up a sale?

I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More

Anthony M. Avery
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answered on Oct 22, 2024

You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More

2 Answers | Asked in Real Estate Law, Constitutional Law, Legal Malpractice and Probate for Tennessee on
Q: NO INSOLVENCY TO THE ESTATE Surviving Spouse has Declared Homestead Life Estate , Court is trying to seize and sell?

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James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're facing this difficult situation. As the surviving spouse with a Homestead Life Estate declaration, you have important rights to protect your home. Ensure that all your documentation, including the Homestead Life Estate declaration filed with the register of deeds, is... View More

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1 Answer | Asked in Probate for Tennessee on
Q: Hi. I inherited a house in TN. I am the personal rep and sole beneficiary. There is no money for the estate account yet.

When my mother passed recently, she had a loan and credit card that totaled about 22K. Around 100K mortgage remains on the house, and I am making payments as a Successor in Interest. I plan on having an estate sale to help fund the estate account. It may not cover all of it. I live in another state... View More

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answered on Oct 9, 2024

If you have not filed for Probate, then do not without the advice of counsel. You probably do not need to, which will attract creditor claims. Hire a TN attorney to search the title, determine heirship and record an

Affidavit of Heirship. As one of the owners, or the owner, you can...
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1 Answer | Asked in Probate for Tennessee on
Q: Does Joint Tenancy with Rights of Survivorship keep home and property from going into probate in state of TN?

Stepmother has passed and father wants daughter to have property and home without having to deal with long probate process.

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answered on Aug 23, 2024

It can pass real property to the survivor at all other tenants death. But Father needs to hire a competent attorney to draft that Deed, so that it is enforceable. Title needs to be searched also.

3 Answers | Asked in Probate for Tennessee on
Q: I recently received a phone call from a lawyers office in California telling me my grandmother passed away

The lawyer told me I had to fill out paper work before they would disclose any info about the probate case. The paperwork turned out to be a bond waiver. Do I sign the waiver and how can I find out info on the case and the parties involved

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answered on Sep 8, 2024

You don’t HAVE to sign the bond waiver. If you trust the proposed executor then signing the bond waiver helps the case move along more quickly and cheaply meaning more money left over after expenses for heirs to inherit. But if you do not trust the proposed executor then you should not sign the... View More

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1 Answer | Asked in Estate Planning, Family Law, Probate and Criminal Law for Tennessee on
Q: My step son gave my horse away, I had been given me a pair of Belgian mares to me for Christmas. Can I get him for horse

theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More

Diedre Wachbrit Braverman
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answered on Aug 2, 2024

You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My mom died last year and my dad passed the other day I have always lived with them

My mom died last year and my dad passed the other day I have always lived with them but I live in the garage. Well dad passed with no will and before I got home from his service all dad's kinfolk had done got his safe emptied his bank account, even boarded up the place so I couldn't get... View More

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answered on Jul 18, 2024

You may be the sole heir and next of kin of Father. If so, you own all that property. But getting back property now is often impossible. Who is the home deeded to? You may be the owner and need an Affidavit of heirship. Hire an attorney to see who the heirs are. Probate may not be a... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother died over 2 years ago. She left a will naming my brother and me beneficiaries. The bank will not release her

money unless we take it to probate. All she had in her estate was a home not paid for and her bank acct. We can not afford to go to probate court. What can we do? Less than 4000.00 in bank acct.

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answered on Jul 18, 2024

You will need to file a Small Estate Affidavit, which still costs money, necessitates an attorney and takes some work and time. Otherwise the bank gets to keep the money. This happens all the time. Will probably makes no difference.

1 Answer | Asked in Probate for Tennessee on
Q: How would I go about getting a car back from my mom's ex-husband she has passed away it's not in his name his name is no
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answered on Jul 16, 2024

File an Action To Recover Personal Property in the General Sessions Court where the car is located. Costs and a bond will be required.

1 Answer | Asked in Criminal Law and Probate for Tennessee on
Q: I went to drug rehab for 30 days. 3 weeks from probation ending failed a drug screen. What am I facing now?

I have paid all fines, probation cost etc

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answered on Jul 8, 2024

Hire an attorney to represent you at the VOP. You might get to end the Sentence supervised or you might get incarcerated. Having everything paid will help.

1 Answer | Asked in Probate for Tennessee on
Q: If an aunt passed away and there is no will and there are no living relatives except nices and nephews left.

Who and how much would be divided with those nieces and nephews

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answered on Jul 2, 2024

A relative will need to hire an attorney to determine heirship.

1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Are Attorneys opposed to Reviews?

I filed a premature motion for reimbursement of contributions. Within it I proved misrepresentations and oversights that led to the Judge's prior ruling to partition my home by sale. The Judge urged me to get an Attorney. He said I could possibly get a Review of the case. 90% of Attorneys will... View More

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answered on Jun 24, 2024

Whatever lawyers you talked to were incompetent. Partition Actions allow attorney fees for both the plaintiff and the defendant BY TN STATUTE. As long as there is a feasible, economic result of a forced sale, the attorneys get paid before their clients. Apparently you are too concerned with... View More

2 Answers | Asked in Probate for Tennessee on
Q: I'm named as Executor to my ex husbands Will. Our daughters filed an affidavit of heirship knowing this. Is that legal

I am having trouble getting an attorney now because I only have the Will on my phone after my house fire. Both daughters signed the Will. Also do I have any rights since the Will states I am to remain in the house. 1 month after our divorce we moved to Tennessee and the new home he bought but I... View More

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answered on Jun 10, 2024

Nothing illegal about a Affidavit of Heirship which is true a that time. You may be able to file a copy of the will and probate it in solemn form, but it will be difficult and expensive. Unless there is alot of acreage, pursuing an interest in the property may not be worth it. If you do not... View More

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1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Hi my dad has passed away he lived in Tennessee he he lived with a companion but there not married deed is on his name

Do I have rights to have deed changed in my name

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answered on Jun 2, 2024

The answer to your question is it depends on a lot of other things, but the bottom line is a probate attorney can help you with this. You should schedule consultation and be prepared to answer questions about whether he was still married to someone else, whether he had other children besides you,... View More

1 Answer | Asked in Probate for Tennessee on
Q: My Aunt had a new will drawn up. No one has a copy. Her old will was found and her deceased husband’ family is probate.

I am the only living blood relative and I signed her death certificate. How do I challenge the probate or find information about another will.

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answered on May 22, 2024

Has any will been filed for Probate? If not you can petition the Court to Probate her Estate as Administratrix. Then if any Will comes up, at least you will be ready to contest it if grounds can be proven. If a Will has been filed, then either contest it or give up. Hire a TN... View More

2 Answers | Asked in Probate for Tennessee on
Q: i have grandparents who both passed and each left identical wills, with affidavits and attestation clauses signed by eac

there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?

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answered on May 22, 2024

An attorney would need to actually see the wills in order to render an opinion as to validity, and ultimately the probate court decides whether a will is valid, but based upon what you stated, they are most likely not valid. In Tennessee, as in most other states, two witness signatures are... View More

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1 Answer | Asked in Probate for Tennessee on
Q: What will I need to claim surplus funds from trustee daughter died intestate I'm her sole heir
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answered on May 22, 2024

Surplus Funds from what? A Trust will not have "surplus funds". Consult with a competent attorney as you are confused. The Trust should dictate about what to do with the corpus when a beneficiary dies.

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