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Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Foreclosure and Probate for Tennessee on
Q: Family member passed away with written Will left house with mortgage to my mother

The problem I’m facing the house became delinquent I had the money to make the payment but the bank would not accept the payment saying they have to have paperwork saying that I am the executor of the Estate i’m worried that I can’t get this taken care of in a timely manner before my house... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2020

Your facts do not make sense. But if you started a Probate, which may have not been necessary, then you should be getting your Letters Testamentary from Probate Court. Call the Court today. This will be your authority to act on behalf of the Estate. Insurance and Taxes have to be paid also.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Can you get arrested for if you don’t show up for court if your Subpoend over an easate hearing ?
Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2020

Yes the Probate Judge can issue a Capias for your arrest. If you are out of Tennessee, it will be difficult to apprehend you however. But in an Estate some type of Default Judgment may go down without your input. If you have Surety Bond, they will also pursue your assets where you are at.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Tennessee on
Q: would like to add girlfriend/Fiancé of 10 yrs on my house deed. If I do a quit claim deed, is there IRS or loan issues
Anthony M. Avery
Anthony M. Avery answered on Aug 3, 2020

If there is a Deed of Trust on the Property, then there is probably a due on sale clause if the lender does not give permission. Usually they never find out unless there is a Foreclosure anyway though. The Deed to her should be thoroughly considered and expertly drafted. If the Property is not... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: Mom and I purchased property together (house and car). She died unexpectedly, no will.

I need to make sure that I don't have any problems holding on to the property because while the deed to the house is in both of our names, the house is not yet paid for. The mortgage was in her name only, and the vehicle (which I gave her the money to purchase) was in her name too. I live in... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2020

You have not stated what the exact estate created in the Deed is. It may be Tenants In Common, LE/REM, Jt Tenants w/Survivorship, etc. It is doubtful the Deed of Trust is in her name only as mortgagor. You probably either own the home or own 1/2 subject to the Deed of Trust, which cannot be... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: if the will says the assets do not have to be accounted for can the executor close the case and not dispurse the assets
Anthony M. Avery
Anthony M. Avery answered on Jul 24, 2020

I doubt any Probate Judge would sign that Order. As Executor you could also be sued for breach of duty for absconding with Estate Assets or worse. You should be able to close with disbursements of the assets along with Waivers of Accounting and Receipts for each Legatee/Devisee. Then get the... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad lived in Tennessee and recently passed away. We couldn't locate a will.

He was found deceased in his home after being dead over a week, along with water damage turning into mold and fear of his passing being from Covid. His brother and I could not locate a will in his apartment. We did visit his bank to notify them of his passing. The only information we got in return... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2020

What is the probable size of the Estate? What kind of properties? Did he have alot of creditors? These are questions for a competent attorney, not for what you think is the correct thing to do. You might need to file Probate, and you might not. Do not initiate Probate unless you think you... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My brother died. No will, no wife, no children State TN. My sister and I are the only heirs. Worth 50K how to sell?

Do we have to put it our name first? Want to sell as is.

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2020

I recommend hiring an attorney to draft and record an Affidavit of Heirship. Then sell the property. If the purchaser and his title company demands Probate, then sell to someone else. Do not execute a TN Residential Disclosure Statement as you have no knowledge of the actual condition of the... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can an executor refuse an aire her own personal belongings left at parents home.
Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2020

Yes... Sometimes you have to file an Action To Recover Personal Property, or even a Claim Against The Estate.

2 Answers | Asked in Estate Planning for Tennessee on
Q: Can I give my son a RIGHT TO LIVE in a property after my wife and i pass, just to provide him a place to live?

The property would then be sold if he leaves the property and divided according to the other stipulations of the will.

Nina Whitehurst
Nina Whitehurst answered on Jul 15, 2020

Yes, that is entirely possible. The best way to accomplish this is with an attorney-drafted revocable living trust. Doing this with a "life estate" is not recommended for a variety of reasons that an attorney can explain to you during an extended personal consultation. A trust-based... Read more »

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1 Answer | Asked in Estate Planning for Tennessee on
Q: my children’s trustee refuses to give me any information regarding my children’s trusts and also has refused to pay any

installments claiming they can only be for educational and medical when it clearly includes maintenance and adequate care she has put in writing that she is aware now if ever the kids need disbursements because of our financial impact with the covid situation but says she isn’t allowed for any... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 1, 2020

There is at least a 50% chance that what the children’s trustee is telling you is correct, but if you want a second opinion, you can take the trust to an attorney to review it. Look for an estate planning attorney or an attorney who does fiduciary litigation.

1 Answer | Asked in Estate Planning for Tennessee on
Q: My 29yr old daughter passed away and she lived with her grandparents. Can I retrieve her belongings?

She was disabled and had nothing of real value. The grandparents are refusing to give me any of her possessions. What is my recourse?

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Small Estate Affidavit might work with you as the Administrator.

2 Answers | Asked in Estate Planning for Tennessee on
Q: . Grandfather died without a will and no beneficiary on alife insurance policy.What do you do Hamilton County,Tn
Shanone Emmack
Shanone Emmack answered on Jun 22, 2020

It depends on what the life insurance policy says happens upon death. It will likely go into his estate which means someone will need to open the estate and start the probate process. You should hire an attorney to assist you.

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1 Answer | Asked in Estate Planning for Tennessee on
Q: Can an executor named in the will open an estate bank account when probate is not required?

Is a copy of the will naming the executor sufficient to open an estate bank account when a "letter of testamentary"

does not exist because the estate was not required to go through probate according to the statutes of that particular state (TN)?

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2020

I am not aware of any State that legally requires Probate Administration for every decedent. But anyway the so called executor may have actually filed a Will for Probate that you do not know about. You probably need to call the Chancery and/or Probate Courts for the Counties in which you feel... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: My mother is bed ridden, has brain cancer, can we hand write her will or record it , like on a phone?
Nina Whitehurst
Nina Whitehurst answered on May 12, 2020

Your MOTHER can write out a will entirely in her own handwriting and sign and date it. If she is not able to do that, read more here about other options:

https://www.cumberlandlegacylaw.com/what-makes-a-will-valid

There is an art to drafting wills correctly, and most non-lawyers,...
Read more »

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Civil Rights for Tennessee on
Q: I received a stimulus check made out to my father who deceased Mar 2019. Do I return or keep it?
Zaher Fallahi
Zaher Fallahi answered on Apr 25, 2020

Sorry about the passing of your father. Yes, you return it with a letter explaining the father's death. Good luck.

Disclaimer: This is not intended for, and may not be construed, as legal or tax advice. For specific advice please consult your legal counsel.

1 Answer | Asked in Estate Planning, Insurance Bad Faith, Insurance Defense and Probate for Tennessee on
Q: Can my grandpa file a claim against my deceased grandma's estate for our insurance policies?

My grandmother owned life insurance policies on my grandpa and myself. We want to cash them out because they are horrible policies. They were supposed to transfer ownership to my grandpa but never did after we filled out the paperwork. Now they are saying we need all of my grandmother's heirs... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 1, 2020

You did not state this, but it sounds like your grandmother has passed and there are things still in her name, such as these life insurance policies. You should contact a probate attorney to help you with getting those assets retitled. The type of process that will be needed will depend on more... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: I am heir to an estate of my friend that left his 2 dogs to me. The section of the will that would detail the money to

care for what he called his "boys" is missing. He left a voicemail stating he is leaving money to last the rest of their lives. 15 years life left for Butch and 2.5 for Bear. These of course are guesstimates. Where can I get reports , scientific or previous cases similar to mine to show... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 20, 2020

The audio recording of a bequest is not enforceable. Only the written Will that is probated can be enforced. Apparently you have made a very serious mistake in assuming you were an "heir" and taking it upon yourself to care for Estate assets. If there is a funded Trust for the benefit... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Tennessee on
Q: My father passed with no will my siblings agreed to me be being executive of the estate

It is also agreed that I can keep the house if the mortgage company allows and all the contents.My father had three step children that are pushing me to probate. I know they have no legal right to anything in his estate but I'm ok with them getting things they want and that goes for all. Is... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

You have not stated a need for a Probate Administration. But if the Estate is large enough, or there are certain type of assets, then Probate may be necessary. Consult with a competent attorney. The Title to the home should be simple, with someone executing and recording an Affidavit of... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: If my husband passes before changing his will, who will benefit?

My husband's will was written during his previous marriage with his ex-wife and daughter as beneficiaries. He has every intention of changing it but has not yet. My concern is losing the house which is solely in his name and having to start all over because I did not receive anything from his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 9, 2020

If your husband dies without changing his will, his estate will pass as if his former wife (still mentioned in the will) had predeceased him. It doesn't revoke the whole will, however, so chances are his daughter would inherit his entire estate, subject to your right to take an elective share... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I have put my bank accounts with a POD beneficiary. And have life insurance with beneficiaries.

My total assets left are worth about $1,000 $500 for a car and $500 for clothes, furniture, etc Do I need to have my will probated in Tennessee? I may have some credit card balances, but no cash to pay

Nina Whitehurst
Nina Whitehurst answered on Mar 7, 2020

For an estate that small there is an abbreviated procedure using a small estate affidavit that gets filed with the court. The filing fee varies depending on whether the decedent had a will or not and whether bond is waived but it is usually about $105 for the filing fee and around $100 for the bond... Read more »

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