Lawyers, Answer Questions  & Get Points Log In
Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Can a will be changed after the grantor has deceased if the overseer's is granted power of attorney ?
Nina Whitehurst
Nina Whitehurst answered on May 3, 2021

A will cannot be changed after the testator passes. And, in any event, powers of attorney automatically expire/terminate at death.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Under Tennessee law, is a bank account in a deceased individual's name considered "tangible personal property"?

My uncle recently passed away, and left all tangible personal property to his partner, then split the residue between several people. As executor, I need to know if the account goes to his partner, or distributed to the others. Thanks.

Nina Whitehurst
Nina Whitehurst answered on Apr 29, 2021

A bank account is not tangible personal property. Tangible personal property is things that you can touch, feel, pick up and move, such as furniture, artwork, clothing, tools, that sort of thing.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father has a living will and it states then his girlfriend is the executor over the will.

My father's will states that his girlfriend and her grandson can continue living in the home after his death. It also states that the house is left 50% to me and 50% to his girlfriends grandson. I live in the state of Tennessee it is start anything I can do after his death and contest it and... Read more »

Frank J. Steiner
Frank J. Steiner answered on Apr 26, 2021

File a muniment of title with the will. Change title and eject the girlfriend. The will control over anything told to the girlfriend.

2 Answers | Asked in Estate Planning, Elder Law and Probate for Tennessee on
Q: If my father's life insurance is paid to my mother's estate can it be taken by creditors my parents owed money to?

My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2021

You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Tennessee on
Q: My father passed in 2020 . Mother in 2007. Do I have to probate his will. There's only a small house and Im only child

Live in Tennessee.

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2021

More facts, including review of the will, are required to answer your question, but if what you say is true, this can probably be handled with an affidavit and a relatively simple court filing, both of which get recorded in the land records. A probate attorney can help you with this.

View More Answers

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can i get a new estate lawyer if i have one hired but feel he isnt the right fit.
Nina Whitehurst
Nina Whitehurst answered on Apr 23, 2021

Yes, of course. You are a free agent. You can fire your existing attorney and hire another to pick up where the other left off. Just understand that you might end up paying more in the long run because the second attorney will have to take some time getting up to speed.

2 Answers | Asked in Estate Planning for Tennessee on
Q: My grandmother has passed. She lived in Illinois. She set up a trust fund for my mother.

Which is being administered by fifth third bank in Illinois. Mother has questions about the trust, and wants to know if she should hire a attorney in Tennessee or Illinois.

Jackie Marie Howard
Jackie Marie Howard answered on Apr 21, 2021

My condolences for your loss. The trust itself should define what State's laws it follows. The trustee should provide a copy of the trust to your Mom. Likely you will find the trust says it follows Illinois law.

View More Answers

1 Answer | Asked in Estate Planning for Tennessee on
Q: My grandmother has passed and lived in Illinois. She set up a trust fund for my mother who lives in Tennessee.

Mother has questions about the trust. Does she need a attorney in Tennessee or Illinois. Thank You.

Nina Whitehurst
Nina Whitehurst answered on Apr 20, 2021

You have not provided enough facts to determine where the trust administration is taking place. Most like it is in Illinois, but it could also be in Tennessee, or possibly somewhere else. We would need to see a copy of the trust and would need to understand who is administering the trust and... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: My grandmother has passed and lived in Illinois. She set up a trust fund for my mother who lives in Tennessee.

Mother has questions about the trust . Does she need a attorney in Illinois or Tennessee. Thank you.

Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2021

I recommend her obtaining counsel of a Tennessee attorney first. He should be able to get a copy of the Trust Instrument, and after reading it, advise her. The Trust Corpus and/or Trustee may not be in Illinois or Tennessee. It could involve four or more jurisdictions. Hopefully litigation... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: I want to sell my deceased mother house but I have siblings

They can't buy me out and refuse to sell

Nina Whitehurst
Nina Whitehurst answered on Apr 18, 2021

First, if the title to the house has not already been updated to your names, you need to take care of that. A probate attorney can help you with that.

Then you can hire a real estate litigation attorney to file a lawsuit to force a sale and divide the proceeds among you. This is not...
Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Hi, My father recently passed without a will. I am his only living child. He has 2 other children that already passed.

His grandchildren are stating that I am not biologically his and demand a DNA test. He was married to my mother and is on my birth certificate.I also grew up going to his house every other weekend. I was not close to him as an adult My siblings children claim they never heard of me. I never had any... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 6, 2021

If you are his child, then you are an heir and next of kin. Has an Estate been Probated? Probate would probably be in your best interests here. You will need to hire an attorney to look into it and represent you. Otherwise forget about it, as time is of the essence.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: 30 years I've lived at this address with my wife and she did not leave me anything when she died. Do I have any options?

There was no abuse of any kind she amended her will several times and added and removed me each time.

Thank you!

Frank J. Steiner
Frank J. Steiner answered on Mar 26, 2021

Yes. You can claim an elective share against the estate and depending on the number of years you were married you can claim a percentage of the net estate.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My friend has some memory issues and needs to write a will. How can this be accomplished?
Anthony M. Avery
Anthony M. Avery answered on Mar 15, 2021

Your Friend may not need a Will, as his assets should be examined first. A Will would have to be very carefully executed, which may not be possible. Hire a competent attorney to examine his situation.

2 Answers | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: I've been divorced many years but have never recieved my half of assets that were in judgement.

I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I have a question about my fathers estate. He passed away last November and I am his oldest child.
Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

What is your question? Pertinent facts involve: surviving spouse, children or deceased children; what kinds of properties and debts are involved; and did the Decedent have a Will? Without a Probated Will, the Heirs At Law own his real property, and the Next Of Kin own his personal property.... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My brother and I are co-executors in my mothers will. He owes back taxes. Can the IRS come after those assets.

With his consent, if removed as co-executor, can we stop the IRS from taking assets?

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

Hopefully you have not filed Probate yet. In any event you need a competent attorney to handle this. You are correct that the Brother should not be an Executor, and the Court will not have a problem with that. The Estate should not be victimized by your Brother's tax situation, but it could... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: What is required to get a prepaid debit card company to release the balance.

My mother passed away Feb. 2021. In 2009 she divided her land and all her assets to me and my sister. The only thing left to deal with is $1100 on a prepaid money card. The company wants me to send the nessecary documents, including the executor of will document. There was no will. They want me to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 22, 2021

Sometime you can get away with an Affidavit of Heirship. The affiant swears who the heirs and next of kin of the decedent were. Record it then send a copy to the card company with the recording information on its face. The next of kin are the owners of the funds. But if they do not send the... Read more »

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Probate for Tennessee on
Q: Sister's attorney knowingly deeded an diagnosed mentally incapacitated aunt's entire estate to his client, is he liable?

Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 16, 2021

There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Tennessee on
Q: Can we have the house transferred to us since we pay all of the bills including taxes and fixed holes in the walls ect

We have been paying taxes since 2013 just enough to keep it out of foreclosure. The house was left from my husband’s grandmother to his mother and uncle his uncle doesn’t want it and gave a verbal “ok” for us to move in and do what ever but his mom who PAYS NOTHING OR KNOW WHATS GOING ON... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 16, 2021

If the owners do not wish to transfer the property to you, then no. It is their property subject to the Deed of Trust. If the Note is not paid, foreclosure will occur where you might make a bid. If taxes are not paid, then after a while the County will have a tax sale. This is not a tract... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Would a General & Durable POA be what I need?

I am looking for something to have in place to help my mom (who lives in TN) with any financial, health and/or legal issues that may arise in the present and in the future when/if she becomes incapacitated.

Frank J. Steiner
Frank J. Steiner answered on Feb 12, 2021

You will need a duradle power of attorney for legal. You may also need a power of attorney for health care.

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.