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Tennessee Probate Questions & Answers
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 Intellectual Property, Real Estate Law, Estate Planning and Probate for Tennessee on
Q: (TN)My grandmother and stepfather were in the deed to property. Grams had my uncle and mom only

Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 11, 2021

Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My husband and I remodeled and repaired my sister's house and moved in with her as her wishes to take care of her.

She passed away with no will, but 1 living parent and that parent wants the house. Is she required to legally evict us through the court. State of TN

Anthony M. Avery
Anthony M. Avery answered on Feb 10, 2021

The Parent will have to file a Detainer Warrant against both of you. The Warrant must be served or posted, heard until a Judgment is rendered, and if you are not out of possession within ten days, get a Writ of Possession executed by the Sheriff.

1 Answer | Asked in Probate for Tennessee on
Q: My mother passed Jan 2021 in TN but I'm in KY and indigent, how do I open estate and be administrator, I can't pay filin

I am going to be in Tennessee soon and go to the courthouse, I'm her only child and need to be administrator because there is no will but the home and assets are just sitting there and I've been told people are going through her things and taking it out of the home! I truly do not have... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2021

Any free legal help would be worthless and probably would not be available. You might search the title in the County of the home and determine who her Heirs were. The Heirs At Law probably own the home, but there may have been a Deed of Trust, or Mother may not have owned it. Property Taxes... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Do I have to probate? Only asset not in heirs name is auto. Medicaid nursing home resident las 1 1/2 yrs
Nina Whitehurst
Nina Whitehurst answered on Jan 27, 2021

If someone has died with nothing in his or her name but an auto, you can probably collect it with a small estate affidavit. The local clerk's office, where motor vehicle title transfers are registered, has a simple one-page form for this.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Mother is terminal with 300K in medical debt. will the debt collectors stop me from adding ownership and maybe selling

She inherited her debt from her husband who passed 3 months ago. He was my stepfather but never legally adopted me. Her only asset is this house and land. Is there a way for me to put it in my name and stop the debt collectors from allowing me to renovate and increase value and possibly sell or... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 26, 2021

Your situation is actually a little more complicated than you realize and a full consultation would be required to help you sort this out. Be prepared to provide a copy of the death certificate for step-father, step-father's will (or confirm there was none), mother's will (or confirm... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I have had a lien against me for years my mother just passed, are they allow to take her life insurance i am beneficary

the lien was from over a decade ago and I don't even remember what it was for. I am primary beneficary on her life insurance policies. should I do something in advance

Nina Whitehurst
Nina Whitehurst answered on Jan 26, 2021

After you deposit the insurance proceeds in your bank account, your creditors can get to it. Your mother could have prevented that by naming a trust as the beneficiary of her life insurance policy instead of you individually, but now that she has passed it is too late to fix that.

If you...
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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother passed away in the 80s without a will, my brother has lived in the house since. How do I go about selling?

My brother fells he owns the house, but there are 3 other siblings involved and no Will. 2 out of the 4 siblings want to sell and obtain their share.

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2021

Hire a competent attorney to determine heirship, then record an Affidavit of such. Then file suit for a Sale for Partition in Chancery,

2 Answers | Asked in Probate for Tennessee on
Q: I need help getting my share of property, that was inherited from parents without a will

My parents passed away but didnt leave a will. 3 out of the 5 siblings want their share of the property. What is a simple way to go about this?

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2021

There is usually no simple way to marshal up your property from those who took it. Real Property is different in that it is there, but you may have to litigate it to possess it. An Affidavit of Heirship will put the world on notice of your Title, but only the Court can put you in possession or... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: My Fiance passed away 2/26/2019. I found her Will and she left her share of the farms 60 acres which is 20 acres.

Plus all her personal belongings. She stated in her Will she did not want her daughters at her funeral. I have her journals that explain this. I want to know if I have rights? We lived together for 13 years. Her daughter's and sister broke into our home after her death searching for her Will.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2021

You did not say TO WHOM her Will leaves the 20 acres and the personal property. If you meant to say that she left those things to you, and assuming the will is valid, then, yes, you have substantial rights, and you should hire a probate attorney right away to collect everything that she left to... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: As an heir to an estate without a will have a right to get a copy of the bank statements for the estate.

Also request an itemized bill from an claimant

Nina Whitehurst
Nina Whitehurst answered on Dec 28, 2020

An heir is not entitled to these things, and most likely any such request will be denied. Most likely you will need to open a probate case and obtain letters testamentary or letters of administration in order to obtain information about the estate assets and creditors that you do not already have.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father recently passed away with no will. My brother and I are the only heirs. I have POA but am afraid it is no

Longer Valid after death. There is roughly 100k in a bank account with no POD or anyone else on the account. The only other thing he owned was a paid for vehicle worth about 5k. And only has approximately $1,000 in debts. How do we go about removing the money to split between the two of us?

Nina Whitehurst
Nina Whitehurst answered on Dec 27, 2020

That amount of money will require a full probate before the bank will release the funds. You would be best served by hiring a probate attorney in your area to assist you with this. You are correct that the POA is no longer valid after death.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: My mother died; I had POA. The family home was in her and my father's name, who passed 3 years ago. Do we probate?

She also has an IRA for $20,000 approximately and $20,000 in the bank. Do we have to probate? McMinnville, Tennessee. There is a Will and two other parties in agreement.

Nina Whitehurst
Nina Whitehurst answered on Dec 22, 2020

If those are the ONLY assets of your mother’s estate, then you can probably get them transferred to the beneficiaries according to her will without going through a full probate. You should hire a probate attorney to assist you.

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1 Answer | Asked in Probate for Tennessee on
Q: Separated from wife who died in TN. House is mine. Contents/cars in probate. Can I move them to storage to sell house?

The cars are in the garage, and the house is full of furniture. I can not afford to keep this house while awaiting probate to finish. I would like to move the cars and contents to storage, inventory, and then sell in estate sale. Same basic thing for the cars. My homeowner rights seem violated by... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 17, 2020

The executor or administrator of the estate has the obligation to safeguard the assets of the estate. If the house is not part of the estate and its going to be sold, the it makes sense for the executor or administrator to arrange to have the contents that are part of the estate moved to secure... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My partner of 20 years died. We never married. The house is in his name but willed to me. Do I need to probate will?

My partner of 20 years died suddenly. We never married but planned to next Spring. All of our assets are jointly owned with rights of survivorship except the house (approx value $170,000) which is in his name. House it fully paid for, no mortgage. He does have a will naming me as both executor... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 16, 2020

You probably do not need a full probate, but the answer does depend on exactly how the will is worded. Most likely you can use a simplified court-administered process use the get the will recorded to evidence your ownership. A probate attorney in your area can help you with this.

1 Answer | Asked in Civil Litigation, Probate and Estate Planning for Tennessee on
Q: My aunt took my dead mother’s belongings and refuses to distribute them

My aunt took my mothers personal belongings and said she would distribute them half and half to me and my brother that was years ago she will not answer my calls. I would just like some of my childhood pictures in my mother’s belongings to remember her by. But my aunt refuses to give anything to... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

You should consult with an attorney to determine your options. You may need to open an estate to probate assets or file a civil warrant for possession. But only after a proper consultation could an attorney give you counsel on what you can do.

1 Answer | Asked in Probate for Tennessee on
Q: Stepmom not filing fathers will. Home is only in his name. What are my options to force her to probate his estate TN.

My remarried father passed away. I know he has a will, but my step mom is dragging her feet or not planning on filing probate. His house was only in his name. The lawyer who wrote his will is deceased. What are my options and the deadlines to force her to file probate for his estate? She... Read more »

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

You have not stated whether there is anything in the Estate. Real Property rarely goes through an Estate. The home is owned by the heirs at his death. If there is sufficient equity or no deed of trust, the heirs could file a Partition Action now. Or you could file to administer the Estate if... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My boyfriend and his sister are the only beneficiaries in their grandmothers will. Their aunt is the executor.

In the will it says that my boyfriend and his sister are supposed to receive money from the sell of the grandmothers house. His aunt sold the house and is keeping the money for herself is there anything they can do?

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2020

Is the Will Probated? If not, then the aunt may be the sole heir and entitled to sell, etc. If Probated, then check the Probate File out at Court. Hire a competent attorney to move for disbursement of Estate Assets, and/or Removal of the Fiduciary for cause with an Accounting.

1 Answer | Asked in Probate for Tennessee on
Q: I am executor of my ex husbands Will . can our oldest daughter lock me out of our home?

My Ex Husband and I moved from Florida to Shiloh TN one month after our divorce April 2003 yo raise out daughter. He passed away and left me executor of his Will, because we were together of 38 years and he trusted me. The day he passed away my oldest daughter informed me ai was locked out. She... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2020

It appears that you have failed to Probate His Will. And now it will be very difficult to start any type of successful Administration. It is very possible the Daughter has already Probated his Estate. You should check with the Court of Probate Jurisdiction in the County of death. If there is... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: In Tennessee, if the decedent owes no debts, but, has a lawsuit settlement in progress, can probate be closed or does it

have to wait for the proceeds from the lawsuit?

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

You need to talk to whoever is Administering the Estate. He might have a partial distribution prior, but he will probably wait until all assets are marshaled, and fiduciary compensation/claims ascertained. Otherwise he will not be able to calculate a Final Accounting. This is the case anywhere,... Read more »

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