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Tennessee Probate Questions & Answers
1 Answer | Asked in Probate for Tennessee on
Q: My husband is the sole beneficiary of his sisters estate. The only thing that didn't have him as co-owner was stock

The stock is in another state and is a private family owned company. Does her will need to go to probate or can this be handled without going through probate? The company knew her wishes and has given him all information on the stock, they just say they need a paper from the court.

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

Probate should be avoided when possible. But this situation might require the same. It might qualify for a Small Estate Affidavit, but a recorded Affidavit of Heirship/Next Of Kin might provide all the source of title he needs. You have not stated many needed facts, so I recommend you consult... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: It has been one year since my family member died with no monies in her bank accounts and her estate was probated.

She owned two pieces of property, which were in her name alone, one of which has a house with a mortgage loan that she still shared with her ex-husband. He is also the executor of the will and sole beneficiary. I paid for her funeral expenses and have filed a claim with the probate court for the... Read more »

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

Apparently the spouse made a huge mistake filing Probate if only two parcels are the only assets. But since you filed, you should read the file and see if any assets are listed in the Inventory. If no Inventory, file a Motion to Remove the Administrator and possibly apply to administer yourself.... 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 Probate for Tennessee on
Q: Would a spouse using his deceased wife’s credit cards after her death be considered breach of trust?

Spouse used my mother’s credit card after her death for funeral and vacation. His name was not on the cards and he wasn’t an authorized user.

Paul E. Tennison
Paul E. Tennison answered on Jul 21, 2020

Most likely such action is fraudulent. I am fairly sure that only authorized users may legally use credit cards. Such action may violate state and or federal law. If you inherited money from your Mother's estate such action by her spouse may have improperly diminished the estate and affected... 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 Probate for Tennessee on
Q: in Tennessee, must the property value be limited to a maximum of $25,000 In order to do a Affidavit of heirship.
Nina Whitehurst
Nina Whitehurst answered on Jul 16, 2020

It sounds like you are inquiring about real property owned by the estate of a decedent that died without a will. (If the decedent had a will, an affidavit of heirship is not appropriate.)

If the decedent did not have a will, an affidavit of heirship is one way to administer the real...
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1 Answer | Asked in Probate for Tennessee on
Q: Father passed away in 2013 leaving my mother sole heir in our families of the property and she passed away march of 2019

My younger brother is in jail and has been for awhile that’s why I haven’t put anything in probate yet. My parents didn’t have the chance to put the property in their names before they passed away so it is still in my grandparents name and they have passed away along time ago. My brother and... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 22, 2020

Hire a very competent attorney to Search the Title, then draft and record a complex Affidavit of Heirship as the Heirs' At Law source of Title. Someone has to pay taxes. Possibly the others might Quit Claim Deed to one Heir. Insurance has nothing to do with the land.

1 Answer | Asked in Probate for Tennessee on
Q: My dad passed 5 years ago and there was no will. His wife of about 5 years was beneficiary on life insurance and pension

The house is in probate and I was named executor by the court. His wife will not sign for the sale of the house I know she is entitled to a percentage under Tenn law we have been to court several times and she agreed to list in real estate but won’t ever sign the sellers agreement so we can’t... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

You say no Will but you are the Executor? Something is wrong, and I bet you are the Court appointed Administrator. You should never have filed Probate in the first place. The house probably is not in the Probate Estate but passed to the Heirs 5 years ago, unless this is an insolvent Estate. A... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: is there a timeline on closing out a probate

husbands mother died 2016, will was sent to probate, my husband died 2019 and his moms probate is still not closed. her probate attorney refused to talk to me even though my husbands will left me everything. I filed his probate in 2019 and had to claim real estate that he didn't own. i still... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

There is no time limit, but it is almost impossible to properly close an Estate in Tennessee in less than fifteen months (some claim to). Who are the Deceased Mother's Legatees/Devisees ? They all should at least look at the File at Probate Court. That may explain the delay, although four... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My son was talked into changing his will and giving everything to a woman he meet on the internet 5 months prior to dyin

He had property and 2 cars 1 worth about 38000 and 1 worth 7000 the will is in probate but she has sold the 7000 one I have lived in one of his houses for a year and a half. Can i contest the will to keep her from stealing all my sons estate

Nina Whitehurst
Nina Whitehurst answered on May 23, 2020

Anybody can contest a will but there is no guarantee of success and it will be expensive. If you think you can prove fraud or undue influence on the part of the girlfriend then you should schedule a consultation with a will contest attorney without delay. If you wait too long you can lose your... Read more »

2 Answers | Asked in Probate for Tennessee on
Q: i recently rcvd a summons to appear in probate court for a civil action filed how do i respond i am an heir liveoutstate

it has been ongoing there is a settelment on the table but i dont know anything about it will i be held responsable for any monies if i dont apear i have rcvd nothing from the estate how do i defend againdt this action

Frank J. Steiner
Frank J. Steiner answered on May 5, 2020

You should have an attorney review the summons and complaint

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1 Answer | Asked in Probate for Tennessee on
Q: I received a "notice to retire pursuant TN Code § 30-2-324". Can you explain to me what this means?
Nina Whitehurst
Nina Whitehurst answered on May 4, 2020

TCA § 30-2-324. Court order dismissing probate case

(a) After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the...
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1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: - My fiancé &, his dad own a home together they don’t get along he wants to get rid of his part can somebody help us

We need help ASAP

Paul E. Tennison
Paul E. Tennison answered on May 4, 2020

I am sure there are attorneys that may be able to help you/your fiancé with this legal issue. What you are describing here could be a case in which a partition action is the best legal option. In a partition, a court orders the sell of a jointly owned property and divides the proceeds among those... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: What if one of the distributes will not sign a statement in lieu of detailed accounting ?

Can they ask for a detailed accounting from the clerk ?

Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2020

Then the Executor/Administrator must do his job and file a Final Accounting with the Court. It lists assets, debits, proposed fee awards, etc. Probate is not for a pro se representative. You need a competent attorney to represent you and help close that Estate.

2 Answers | Asked in Probate for Tennessee on
Q: My dad wife of 3 yrs died. She never redid a old will. What can dad do
Shanone Emmack
Shanone Emmack answered on Apr 29, 2020

It depends what the old will says. If your dad's wife had a former spouse listed in the will then the disposition or appointment of that property is revoked. As a spouse married for three years, your dad should have rights to a 20% elective share of the net estate. You should hire an... Read more »

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2 Answers | Asked in Probate for Tennessee on
Q: Can i contest a will after father has been dead for less then 2 years

Father was to sick to change will after DNA was taken .

Frank J. Steiner
Frank J. Steiner answered on Apr 25, 2020

Yes. So long as you have standing to contest the will - meaning you would have inherited if there was not a will or if you were in an earlier will. You will need an attorney to represent your interests.

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1 Answer | Asked in Probate for Tennessee on
Q: I received a stimulus check addressed to my deceased father who passed in 03/2019. Do I return the check or keep?

If return, how and where to send if keep, how do I cash or deposit it?

Shanone Emmack
Shanone Emmack answered on Apr 24, 2020

I recommend doing nothing with the check. It is intended to go to your father to help with any financial difficulty during Covid-19. You could try to contact the IRS but no one is likely going to take your call . It would be illegal for you to personally cash the check and put it in your account... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Ten years ago my grandpa died and his brother created a new will two days before he died

My grandpa had lung cancer was very wealthy and told me and my mom all my life is always be taken care of. He said before he went to the va, before he got really sick, that he thought his brother was going to do something and he made sure nobody could get what I was suppose too. I have a copy of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 22, 2020

You may indeed have a Will Copy that should be Probated. And of course that will involve a Will Contest. But you may have waited way too long. Was there actually a Probate of the Will which disinherited you? The insurance probably had nothing to do with the Estate. You need to contact a... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: What does it mean when a beneficiary enters into bond payable to executor and attorney as Security

Attorney named was hired by beneficiary to file ‘motion order sustaining right to contest’

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

That is a Bond payable to the other side or parties for a Will Contest to commence. Not exactly sure of your factual situation, but it sounds like the beneficiary is contesting the Probate of a certain document proffered as a Will. The Probate Court must certify that there is a Will Contest,... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: How can one of my friends change her last name? She was legally married a week ago, but with all offices closed?
Anthony M. Avery
Anthony M. Avery answered on Apr 17, 2020

Check with the Department of Safety. She should be able to get another Tennessee Drivers License online. She might also get another Social Security Card the same way with the SSA.

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