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Tennessee Probate Questions & Answers
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.

1 Answer | Asked in Probate for Tennessee on
Q: Do I have to provide medical records to contest a will for Undue Influence and lack of testamentary capacity?

My grandmother passed in September of 2023. My aunt has attempted to get heirs to sign a quit claim deed of affidavit of heirship because the original will attorney left something out exempting heirs on the will when it was signed and notarized. The attorney who originally did this will is now... View More

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answered on May 20, 2024

I hate to be the bearer of bad news, but this is not a do-it-yourself project. There is no quick and easy "form" or technique that I can point you to that you can fill out and file and do yourself. You are going to need to hire a probate litigation attorney to contest the will. Also do... View More

2 Answers | 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

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1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can we do if a Will Executor lets things get stolen from the beneficiary(s)?

My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her... View More

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answered on May 15, 2024

A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: If my father passed does his will over ride a life estate? In TN

Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?

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answered on Apr 22, 2024

Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More

1 Answer | Asked in Probate for Tennessee on
Q: I was named as executor of a will. I sent a renunciation form to court. Is that sufficient?
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answered on Apr 18, 2024

If you do not take the fiduciary oath, then you will never be the fiduciary. If someone calls you about it, explain that you refuse to be the executor.

1 Answer | Asked in Probate for Tennessee on
Q: I am an heir to property in Knoxville,Tennessee, along with 5 other heirs. How do we get our names on the property/deed?

Some of the property and the house is going to be taken by the city to widen the road. How do we make sure we are compensated for the land and house when the city takes it?

One of the heirs doesn’t want any property, does she relinquish her share prior to us getting the title, or does... View More

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answered on Apr 13, 2024

The title can be updated using a simple affidavit that is recorded in the land records, but the title will not be marketable until at least one year has elapsed since date of death or the other assets of the decedent

have been probated and the estate was solvent.

If one of the heirs...
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1 Answer | Asked in Probate for Tennessee on
Q: If a wife is not listed on a bank account and the benifiary on the account is the daughter, can the wife remove funds
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answered on Apr 12, 2024

If the Daughter is a joint holder or a payable on death name on the signature card, then the deposited funds are owned by the Daughter. Wife should have no authority to remove money. Bank could be sued for such a conversion.

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 Real Estate Law and Probate for Tennessee on
Q: Lawyer stated all interested parties were notified and they were not. Judgement has been decided. What are our options?

Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More

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answered on Apr 9, 2024

What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More

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 Probate for Tennessee on
Q: Does personal rep. of estate need to file a claim to be reimbursed for the funeral expenses he paid out of pocker?

ARIZONA probate funeral reimbursement question

I am the personal representative of my father’s estate going through informal probate in Arizona. I paid the funeral out of pocket before being receiving letters of administration. My understanding is I can be reimbursed for the funeral... View More

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answered on Mar 27, 2024

Hire an AZ attorney to file your claim against the Estate.

1 Answer | Asked in Probate for Tennessee on
Q: In Tennessee, can I appoint a person who does not have a SSN to act as Executor of my Will?
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answered on Mar 16, 2024

I hesitate to recommend doing that, because it will make it extremely difficult for the executor to obtain a federal taxpayer ID number for the estate, which is an essential prerequisite to opening an estate bank account.

1 Answer | Asked in Real Estate Law, Collections and Probate for Tennessee on
Q: I want my contributions reimbursed. What is the proper legal jargon to file under?

The judge ruled a partition by sale of my home. I would like to be reimbursed for my contributions. I have receipts for everything. What's the proper legal term for what I need to file in order to seek a judgment?

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answered on Mar 11, 2024

Hire an attorney to defend you and file an Answer. There you can claim contributions and reimbursements to be added to your share from the Common Fund. His Fee can actually be paid from the proceeds.

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

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