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Tennessee Probate Questions & Answers
0 Answers | Asked in Criminal Law, DUI / DWI, Gov & Administrative Law and Probate for Tennessee on
Q: Can you get sentence twice on the same charge after you already plead got sentenced and did your time for the charge

I was on probation for for theft charges then I caught a new charge while on probation a DUI, I ended missing court for Dui caught a capias I was senteced to 2 days in jail I had my drivers license revoked for one yr and DUI school and fine of $350 with probation and then after requirements met... View More

1 Answer | Asked in Probate for Tennessee on
Q: My father passed away 1/25/2024 at his residence in Zephyrhills, FL. He had a live in girlfriend/ caregiver of 12+ years

My father passed away 1/25/2024 at his residence in Zephyrhills, FL. He had a live in girlfriend/ caregiver of 12+ years. She stated he did not have a will. She is refusing to give us any of his ashes or any of his personal items that we are requesting. She has ceased all contact and will not speak... View More

Nina Whitehurst
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answered on Feb 13, 2024

This case will be governed by Florida law so you should repost your question but specify Florida instead of Tennessee next time.

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

0 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: When I lived with friends during my divorce in 2012 we were robbed. I lost @ $8,000.00 of my belongings. Told they file

On home owners insurance. They never offered me anything towards what I lost. She passed away 1/1/24 and he has dementia. His daughter took him home with her to Florida. Can I dispute the estate for what I lost? If so how many days do I have to do that?

1 Answer | Asked in Probate for Tennessee on
Q: Should I get a Probate or Litigation Attorney?

I had a holographic Will construed by my prior attorney due to the language being ambiguous. It has not been presented in court yet. I want to hire representation to present it for whenever I get a court date. It's already been paid for, so there is no work to do besides presenting it. I do... View More

Anthony M. Avery
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answered on Jan 31, 2024

Hire an an attorney to probate the will, if there are sufficient assets. Your lawyer should determine if probate is advisable or that intestate succession controls where the assets go already. Construing the will could be an issue for the Court to decide.

0 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Why would my stepsister send me and my siblings a personal property exemption form ....keep all his personal stuff

My father passed in 2021& his wife last year . My siblings and I Were not even notified of my father's passing until he was buried and gone even his brother wasn't notified.im afraid she is up to something

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

Nina Whitehurst
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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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2 Answers | Asked in Probate for Tennessee on
Q: How can I get a daughter of a deceased aunt to open up an estate per probate? She is not the executor of the will.

My step mother died in August and her sister died 24 hours prior to her death. The daughter was the only one who has access to the Trust and has been managing the money. She was given the death certificate and claims she does not have the original will. My father has already passed and has left... View More

Nina Whitehurst
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answered on Jan 10, 2024

Anyone with an interest in the matter can open a probate. That includes you. You can hire an attorney to help you. The legal fees should be reimbursed by the estate.

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2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Which law applies in the case a deceased person has no will and owns property in a different state.

Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More

James L. Arrasmith
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answered on Jan 1, 2024

In cases where a deceased person owns property in a state different from where they died, and there is no will, the laws of the state where the property is located typically govern the distribution of that property. In your case, since the property is in Tennessee, Tennessee's intestacy laws... View More

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1 Answer | Asked in Probate and Business Law for Tennessee on
Q: In Tennessee, if a business partner dies, does the heir take over the deceased half of the business? (No will involved)

My father passed in Feb 2023 and I haven't gotten into the business part of my fathers stuff yet bc my mother passed as well this year. I am sole heir to everything in this family. My mother was 1/4 partner as well, but never kept up with the business side of things, the men did. Before she... View More

Anthony M. Avery
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answered on Dec 27, 2023

As administrator you will want to dissolve the Partnership. The assets may not be collectable but you can pursue dissolution. You will need a competent attorney and expect to pay alot. The Partnership interest is personal property and goes to the next of kin which is almost always also the... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Tennessee, a warranty deed in 1997 a bf/gf listed as tenants in common with rights of surv then heirs only 1 signature??

my mother (i was only 11) i was told SHE bought a mobile home and some property, we moved into said home few months later i am woken to her bf whom moved into home with us to call my nanny and tell her my mom is being taken to the er by ambulance but he said to the Fayetteville er not Tullahoma er... View More

James L. Arrasmith
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answered on Dec 26, 2023

In Tennessee, when a property is owned as tenants in common with rights of survivorship, it means that upon the death of one owner, their share typically passes to the surviving owner(s). However, the specific language in your mother's deed stating "tenants in common with rights of... View More

1 Answer | Asked in Contracts, Probate and Small Claims for Tennessee on
Q: If friend dies & has borrowed property, is his mom(sole heir) responsible for returning it or can she lawfully keep it

I paid $300 for an expensive 3 pc leather living room set..mint condition internals, structure, springs, cushion, but scratched sitting area & shredded back from cat. I bought it from friend(he paid $5k+ new 10-15 years ago..very rarely used). He moved & new furniture fell though & he... View More

Nina Whitehurst
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answered on Dec 13, 2023

Yes, mom is responsible for returning borrowed property to the true owner. Your remedy depends on a lot of other factors not covered in your narrative. For example, if she tries to list the item in a probate inventory then you should object in writing filed with the court. If there is no probate... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Tennessee on
Q: Removed from Will by executor after the executor

I was recently removed or excluded from Will that my grandfather had created by the executor. I believe this is not against the desires, or the will unless intestine of my grandfather, which I do have, but I have not have the signed copy of the executor has changed this and has no longer following... View More

Anthony M. Avery
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answered on Dec 6, 2023

What is your question? You will have to rewrite your request.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Tenncare request for release

Recently got a Tenncare request for release form and had fill out along with sent a death certificate by email for my mother that passed in nursing home with Tenncare Choices. They emailed me back since I am a disabled that they assert my estate when I pass. They will not let me know how much my... View More

Nina Whitehurst
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answered on Nov 8, 2023

If you are disabled, you do not have to pay anything to Tenncare while you are alive and remain disabled. It would be easier on YOU to just let the make a claim against your estate when you pass.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: A judge ignores a recorded phone conversation that contradicts the opposing party's claim in Probate. What should I do?

The opposing party in a Probate case claims they have made contributions to property taxes for the last 20 years. I was able to provide a recorded conversation between myself and the party, in which the party admitted that they withdrew their help/contributions 27 years ago. I always thought that... View More

Anthony M. Avery
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answered on Oct 26, 2023

Your lawyer needs to object to the Clerk& Master's Report or appeal the Chancellor's ruling. This assumes that the property taxes were in sufficient amounts that it affects the Estate's other beneficiaries. Your recording may not have the legal impact on the Probate Case... View More

2 Answers | Asked in Elder Law and Probate for Tennessee on
Q: How can they avoid or lessen the estate recovery?

Like: My parents have lived in their home for the past 39 years. But it remained in my grandmothers name even though she did not live in the home for the past 39 years. She left it to my dad in her will. Now tenncare estate recovery is coming after the home because one of her other children put her... View More

James L. Arrasmith
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answered on Oct 24, 2023

In situations like this, the primary concern is addressing the estate recovery claim made by TennCare. To potentially avoid or lessen the estate recovery:

1. Gather evidence to demonstrate the significant contributions and expenses your parents made towards the property, such as records of...
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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: if there is a living will, but we found a letter stating different wishes than said will, which document is honored
T. Augustus Claus
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answered on Oct 10, 2023

In Tennessee, a legally valid living will or advance directive is the official document that expresses a person's wishes regarding medical treatment in the event they become incapacitated. If there is a discrepancy between the living will and a casual letter, the living will generally takes... View More

1 Answer | Asked in Probate for Tennessee on
Q: ln a family of step parent and parent have matching wills can the child of the deceased parent still be upon step death

My father passed away, when he passed he and my step mom had matching wills. She had mental health issues and past away from dementia, prior to her death her will was changed even though she had dementia. Is the original will in effect? Does this void the will and give their family all rights to... View More

Frank J. Steiner
Frank J. Steiner
answered on Oct 8, 2023

If you were a stated beneficiary in a will that was revoked by a new will while your Mother was diagnosed with dementia, you may have standing to bring a will contest.

1 Answer | Asked in Probate for Tennessee on
Q: Summoned to appear/defend a civil action against me in Probate Court for my dad's will & need some questions answered.

Do I have to send in a defense on a civil action in probate court if I don't object to anything? It says that a judgment by default will be rendered against me for the relief demanded in the complaint if I fail to defend this action. I don't get what I'm defending if I have no objections.

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answered on Oct 5, 2023

You can respond to the Petition served on you, but probably not required as in most suits. Go to Probate Court, read the File, and respond to questions. Hire a lawyer if it looks like you are not getting what you think you should.

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