Lawyers, Answer Questions  & Get Points Log In
Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Tennessee on
Q: Can the executor of the Will continue liquidation of estate assets absent an injunction?

My sister’s boyfriend committed suicide and named her as the executor of his very specific will. She has completed more than half of the administration aspects of the Will after receiving the Letters Testamentary by the court. The Will was prepared by an attorney per TN statue. The Will... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2019

No, the Executor can continue performing her duties as a Fiduciary. But if a Will Contest is successful, the Executor will have to account for all property and cash. She needs to be careful, but if it is not time critical, she might wait to see if a Contest is actually filed. She has a duty to... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: Does the wife, in Tennessee, automatically get her diceased husband's personal property by law if he has no will?

My husband is "too busy right now" to draw up a will. We moved to Tennessee from Florida in Sept 2018 and bought a house with a mortgage. He has two daughters with families in Colorado. I am their step-mother. If he dies, does his personal property automatically go to me, his wife, by Tennessee law?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 11, 2019

A surviving spouse is entitled to certain household goods and the family automobile if the deceased spouses dies without a will. Review Tennessee Code Section 30-2-101. The surviving spouse has other entitlements ( a homestead allowance and a "years support, etc ) but all of these are NOT... Read more »

View More Answers

2 Answers | Asked in Banking, Estate Planning and Real Estate Law for Tennessee on
Q: My grandfather passed away and left his estate in my name. My grandmother is still alive and the bank is threatening

foreclosure, because they owe $27,000. As the property owner what are my options?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 9, 2019

If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Tennessee on
Q: In Tennessee, can the executor’s fee be calculated by a flat percentage of the estate or must it be an hourly rate?
Nina Whitehurst
Nina Whitehurst answered on Sep 7, 2019

It can be either, whatever you and your attorney agree.

2 Answers | Asked in Estate Planning for Tennessee on
Q: What is included in the total value of an estate?

Does the total include just the house and cars or the contents (jewelry, expensive antiques, high end furniture) as well?

Nina Whitehurst
Nina Whitehurst answered on Sep 7, 2019

It includes the contents as well, everything that wasn’t previously transferred to a trust.

View More Answers

2 Answers | Asked in Probate, Estate Planning and Landlord - Tenant for Tennessee on
Q: My father passed away and no will. He lived in Texas but inherited his father's home in Tenn. He is married but seperat

ed. I was told in Tennessee I had to settle estate here in Texas but Texas is telling me that I have to do it in Tennessee. The deed to the Tennessee property is still in my dad's deceased father's name(my grandfather) I am the only child .What is the right thing to do...

Nina Whitehurst
Nina Whitehurst answered on Aug 29, 2019

If any of the heirs are wanting to sell the home quickly, then you will need to probate both your grandfather's estate and then your father's estate. If you all plan to hold the property for many years, then this can be handled with affidavits of heirship. Neither of these are do-it-yourself... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: How do I file a small estate affidavit in order to claim my son's life insurance policy?

My son died without a will. His father, sister, and I are his next of kin. I have no knowledge of any assets or debts. The insurance company requires a small estate affidavit with a federal EIN number to consider payment. Do I have to be the "affiant", or is the insurance company?

Nina Whitehurst
Nina Whitehurst answered on Aug 27, 2019

In some states this can be a do-it-yourself project. This is not so much the case in Tennessee. To do this right you should hire a Tennessee probate attorney. The papers do need to be drawn up correctly and filed with the court.

View More Answers

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can my deceased dads non married partner put her info on his death certificate if im his only living child
Anthony M. Avery
Anthony M. Avery answered on Aug 23, 2019

I assume you are talking about who the Informant is for the Death Certificate. And yes, the physician and/or medical examiner can get the Decedent's information from anyone they please. But if your Father was not married at death, you are the sole Heir-At-Law and Next-Of -Kin unless there is... Read more »

1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: My father is on his death bed. He got married. He wants to get it annulled but doesn’t have that kind of time.

What can we do to keep her from the money? Can we get in annulled faster?

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

Annullment is not an option in Tennessee. And just filing divorce on grounds of fault does not get a divorce. Hire a competent attorney for your Father to start transferring assets now. Life Estate/Remainder Deeds and/or Trusts might be good options for some more important assets. But it must... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My husband passed away but inherited land in MS. Is it legal for my step kids to sell it & cut me out? WasMarried 23 yrs

I cared for my husband through 8 years of Alzhiemers, he didn’t leave a will, but I was his POA. Step kids are trying to also take a portion of my house in Tennessee. Step daughter made herself executer of my husband estate ,even when I told her he had nothing subject to probate. Now his brother... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

Your heirship intestate succession rights should be governed by Tennessee Law, which is very similar Nation wide. You probably need a competent Mississippi attorney to represent you, a long time ago. File an Affidavit of Heirship in Shelby County Register of Deeds and start using it. You have... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: I am one of four siblings who own and operatea family farm which we incorporated.

One family member plans to place her assets

in an irrevocable trust.

How will this impact the sale of the farm

and the distribution of the income from this sale?

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2019

Not sure what your question is about. But sister's Trust Corpus will be legally owned by a Trustee, who will at least own, pay taxes, receive income, and possibly manage her former assets which she conveys into the Trust. It sounds like you plan a Sale already. The sister's tax consequences... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My 12year partner died suddenly yesterday. Can not remember safe combo for will. How does the family next in line work?-

Does oldest become power od attorney or is all family heirs? They want funeral arrangements so they can take body to whom we chose.

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

Unless you believe you are mentioned in the possible Will, it is not your concern. A locksmith can take care of the safe, and unless you are very sure you are in the Will, that operation is for immediate Family only. If you believe you are in the Will then call a competent attorney today, as... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My husband and I were told the lawyer has dissolved the account, and forgot to write out our beneficiary check .

All of a sudden we were told the investment account was dissolved, we were named in a will but the account is dissolved, so what do we do now, we're confused as to why he forgot to issue our check left by the deceased.

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

Apparently you have no idea what is going on. Initially you need to examine the Probate File at Court, to see what is happening . The Will may or may not have been Probated. Then you may need a competent attorney to inquire of the Executor where your money is. The Estate may not be closed yet... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: In the state of tennessee, does an administrator ad litem have standing to bring legal action on behalf of the estate?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 29, 2019

Your question does not contain enough information to accurately answer, but most likely yes- if an administrator ad litem has been appointed, they are the administrator and would have the same powers as any other administrator.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Regarding caregiver and heir Tennessee Estate

Last 4 years of my fathers life I took care of him by doing anything and everything that a person who can barely walk and who can’t drive needs to have done. My dad told me that If I did those things I could live with him rent free and he’d help me with anything I needed. Year one I helped... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 23, 2019

There are a lot of considerations in this type of situation. If you have an advanced directive, which is essentially a power of attorney for health care, and a regular power of attorney for financial issues, that will help. The next consideration is nursing home care, and, statistics show that a... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother passed away and as far as my siblings and I know, didn’t have a legal will. In Tennessee, spouses and children

Are supposed to split the estate “evenly” with the spouse getting at least 1/3, but we know we didn’t get our shares considering his lifestyle and what we received. He has a girlfriend who has offered to invest money if he included in his will that my siblings could still own the house, while... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2019

You are confusing intestate secession with the home's title, which may or may not be defined by intestate secession. If Mom bought home with spouse, then it is probably Tenants By The Entirety, that is he owns it period. You might check title carefully, as they may not have taken as husband and... Read more »

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Litigation for Tennessee on
Q: TN Caregiver, heir and only daughter. How do I counter law suit from estate?

I only had a power of attorney to pay bills for the last 2 weeks of my dads life. Dad chose hospice against my wishes and to come back home. We had an oral agreement that I thought my brother knew of to pay for a couple of sitters to help me. I was asked how much it would cost me to take care of... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 21, 2019

I am so sorry -

Unfortunately you will likely have to hire an attorney if they have actually brought a suit against you. It sounds like you have some legitimate defenses to their claims.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Tennessee Caregiver of Father I’mThe eldest sibling and only daughter of my father.

Beginning 2014 my father became unable to care for himself and long story short my brothers kicked him out of their homes and he ended up with me. During this time I was harassed and threatened by my brothers. I did my best to preserve my fathers assets and never spent money without his... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2019

You do not state if the Estate is suing you or whatever. You may wish to make a Claim against the Estate yourself. Hopefully you did not have your Father's Power of Attorney. If you did, you will have the burden of proving everything was done for his benefit. Try to produce receipts or checks... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: If a non family member opens probate and becomes executor without a death certificate, is the appointment valid

For an update, the person opened probate and got the papers and did not have a death certificate and over 2 months later in probate court the Judge mentioned the court never received a death certificate.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jun 20, 2019

Your question is unclear- by saying there is no death certificate, are you saying the person is not dead?! Tennessee has a statute which sets an order of priority for those serving as administrator of an estate (when there is no will). Usually a will contains a paragraph naming who is to serve as... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Does this firm deal with contesting wills?

My mother passed away Oct. ‘17 and her brother forced her to write up a new will for him to inherit everything. She was suffering from severe dementia at the time and was not mentally there for the new will to be truly trusted. The most important issue is that what he inherited was not hers at... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 12, 2019

From your description it sounds like you need to consult with an attorney. There are numerous law firms that handle Estate and Probate work in Tennessee. Is your Mother's case still active in Probate? Based on what you are saying here, you should likely contest the will. If your mother was... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.