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Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Tennessee on
Q: Can someone name 2 persons (daughters) as "co-attorneys in fact" in their Durable Power of Attorney document?

My 92 year old father is updating his estate planning documents after the passing of my mother. He wants to appoint both myself and my sister as co-attorneys in fact since we are both helping him with his financial and medical affairs. He doesn't want to name one person as primary and the... View More

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answered on May 7, 2024

There is no law that prohibits co-attorneys in fact. However, conventional wisdom is to avoid it because having co-attorneys in fact can become unwieldy, especially if they get sideways with each other. If they must act together and they are unable to work together then the effective result is... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Does the estate pay for the personal representatives lawyer.

For a will dispute to discredit a beneficiary.

Anthony M. Avery
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answered on May 2, 2024

Sometimes yes, sometimes no. There is no exact law. I am not sure what discrediting a beneficiary is, but that is not a Will Contest. You probably need to retain an attorney to represent you as you are obviously confused as to what is going on.

1 Answer | Asked in Estate Planning for Tennessee on
Q: I live in Davidson County Nashville TN and tried to submit an estate claim. How can I get an extension?

The employees at the county clerk's office informed me that the case is pending and there is not a personal representative assigned. Therefore, they do not have anyone to receive the documents for the claim. The one-year deadline is June 25, 2024 for the decedent. I need to request an extension.

Anthony M. Avery
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answered on May 1, 2024

You might consider making a Motion to appoint yourself as administrator due to being a creditor. A lawyer will be necessary, and probably a Bond. Then you file the claim against the Estate. The claim may not be worth it, but this happens alot when clients die with a pending case.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Division of inheritance when one or more children die. Spousal and grands concern. Following is more in depth question.

Three children. All married. Want to put the house in all three of their names. However if one child dies, I want the remaining two to get the third chip’s portion to divide. I do Not want my child’s widower Or even my grandchildren to inherit that portion. Strictly want my children to have... View More

Anthony M. Avery
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answered on Apr 18, 2024

You could convey to each of the three kids as joint tenants with right of survivorship. Rarely do I suggest that estate but it appears to meet your wishes. However during the three, then two childs' lives somebody has to pay taxes, insurance and possibly a deed of trust note. Also the... View More

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My parents purchased a trust in Tennessee, the person who sold it was not an attorney and the fee went to the non attor

the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?

Anthony M. Avery
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answered on Apr 17, 2024

Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

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answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

James L. Arrasmith
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answered on Mar 11, 2024

In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:

1. Contact the county assessor's office: You can reach out to the Claiborne County...
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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

1 Answer | Asked in Estate Planning for Tennessee on
Q: Does my secondary Executor have to be a "same state" resident? [TN] Should I file a Codicil?

My will states my husband as Executor, with my son as secondary.

With my son being a non-resident, should I change my Executor directives?

Anthony M. Avery
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answered on Feb 21, 2024

There is a registration process with the Secretary of State for non-TN personal representatives. However the Will has no effect until testator dies and it is filed for Probate. If you want to change something, then execute a new Will and destroy the present one. Codicils can impute contests.

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: How do heirs handle a petitioner to be the executor, who has made moves against the estate?

Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the... View More

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answered on Feb 5, 2024

Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it... View More

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

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can a person use a template found online to do their Last Testament and Will on their own in the state of Tennessee?

Or is a lawyer or notary needed? How many witnesses are needed?

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answered on Jan 18, 2024

Two witnesses are required by law. Notarized self-proving affidavits help get the will admitted to court so that the witnesses do not have to be found to testify later.

There is no law that requires you to engage an attorney to prepare a will, but doing do is a really good idea. Really...
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1 Answer | Asked in Elder Law, Estate Planning, Land Use & Zoning and Real Estate Law for Tennessee on
Q: For nursing home care will Medicaid look at the purchase of two plots of land individually or together for FMV?

I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More

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answered on Jan 14, 2024

Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More

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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2 Answers | Asked in Estate Planning and Civil Litigation for Tennessee on
Q: If someone lied about the existence of a will and we found out just now which is12 years later, can we sue due to anyth

We were told there was no will on a million dollar estate. Stepmother just told us a week ago there was a hand written will. No will was ever filed nor shown to us. We got ripped off. State is Tennessee

Anthony M. Avery
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answered on Dec 8, 2023

Property Torts are 3 year SOLs. You might be able to toll the SOL due to fraud. But most importantly, the intestate estate assets may be gone by now. Hopefully land is still around. Also it is a felony to suppress a Will (with a longer SOL), but the burden of proof is substantial.

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2 Answers | Asked in Estate Planning and Civil Litigation for Tennessee on
Q: If someone lied about the existence of a will and we found out just now which is12 years later, can we sue due to anyth

We were told there was no will on a million dollar estate. Stepmother just told us a week ago there was a hand written will. No will was ever filed nor shown to us. We got ripped off. State is Tennessee

T. Augustus Claus
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answered on Dec 8, 2023

In Tennessee, if you believe someone lied about the existence of a will, potentially depriving you of your rightful inheritance, you may have legal options. If your stepmother intentionally concealed the handwritten will to benefit herself, it could be considered fraud, allowing you to sue for... View More

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1 Answer | Asked in Estate Planning for Tennessee on
Q: Do distributions to a beneficiary of an IDGT turn off grantor trust status

Need to determine if distributions to a beneficiary of an IDGT would turn off grantor trust status and cause a portion the income for that year to be taxed to the beneficiary rather than the grantor.

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answered on Nov 28, 2023

Typically it is the other way around. That is, income is taxed to the grantor rather than the beneficiary. This is actually considered a feature rather than a bug. But not all IDGTs are created equal. The only way to know for certain with respect to any given IDGT is for an attorney to review... View More

2 Answers | Asked in Estate Planning for Tennessee on
Q: I’m listed as beneficiary in family trust but it doesn’t say anything about me for distribution of funds. What do I do?

Grandma lists My mom, both my aunts, and myself and two sisters as beneficiaries of “the irrevocable family trust” but under distribution of funds it only says my sisters and I and my aunts. It doesn’t mention my mother. My aunts are trying to say she was cut out of the will but if that’s... View More

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answered on Nov 8, 2023

This forum is meant for obtaining answers to questions of a general nature. You are asking for very specific advice about a particular set of circumstances. There is no attorney in this forum that will be able to answer your question without reviewing the trust instrument itself, at a minimum.... View More

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1 Answer | Asked in Estate Planning for Tennessee on
Q: My siblings and I wish to setup a trust to place some property we had inherited in , what kind of trust would that be
Anthony M. Avery
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answered on Nov 6, 2023

From what you have stated, it is a Trust of no particular type. You will need a Trustee (or multiple Trustees) and Successor Trustee provisions. A fund for paying taxes will be required. A lawyer needs to search the title and draft the Deed over to the Trustee for the benefit of the Trust... View More

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