Lawyers, Answer Questions  & Get Points Log In
Tennessee Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My grandpa died without a will and even though he and my grandma are legally divorced they have been living together f

For over 25 years.... My grandma use to be on the deed to the house is she still? And is it still her house?

Bennett James Wills
Bennett James Wills answered on Dec 2, 2019

You'll have to look at the deed to determine who owns the house. If they are divorced and she's not a title holder than the house would pass to the next eligible heir by statute. Consult a local attorney to determine what options, if any, you may have.

1 Answer | Asked in Probate for Tennessee on
Q: In a TN Probate my wife and her family got a home. 5 of 7 people voted to sell it to us. Does majority vote count?

Does everyone have to agree? They told us if one person votes no, then we can’t buy it until auction.

Nina Whitehurst
Nina Whitehurst answered on Nov 28, 2019

Unless they already have a co-tenancy agreement in place that allows for majority rule, no, majority rule does not work. All must agree to sell.

It is highly unlikely that they already have a co-tenancy agreement in place. If they did, it most likely would have been prepared by an...
Read more »

1 Answer | Asked in Probate for Tennessee on
Q: If parent dies intestate, surving spouse sells home during probate, are children entitled to a portion of proceeds?

Children were minors at time of death, but now adults. There are no creditors. The home was never put into probate. Children are both parent's children.

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

More than likely the home was owned as Tenants By The Entirety, where the survivor takes the fee. So the surviving spouse had individual title, and the issue nothing. Home would have never been in probate estate since no insolvency. If title was not in the husband and wife, then there may be a... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Someone has been made administrator of estate for probate. Family living in home but as far as we know there is no

rental or lease agreement. How do you go about getting them evicted so property can be secured? How much time is given to the individuals to move out once served with eviction notice?

Anthony M. Avery
Anthony M. Avery answered on Nov 14, 2019

Either the Administrator or the actual Heirs at Law need to file a Detainer Warrant immediately. Hire a competent attorney to get it going. The Detainer must be filed, served or posted, a Judgment for Conviction procured, and if the occupants are still there 10 days after the Judgment, a Writ of... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My daughter was made administrator for probate. People live in house but she needs to secure. How does she go about

getting eviction notice done and served? How much time is given to the family to evict?

Nina Whitehurst
Nina Whitehurst answered on Nov 14, 2019

Your daughter should engage a landlord-tenant eviction attorney to help her carry out the process of eviction legally. The amount of notice that must be given to the existing tenants depends on the duration of the lease.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My parents died with no will. Is my dead brother’s wife (No children) entitled to a portion of their estate?
Nina Whitehurst
Nina Whitehurst answered on Oct 31, 2019

No, assuming your brother predeceased your parents. The laws of intestate succession in Tennessee only take into account blood relatives.

If your brother survived your parents but died before their estate was fully administered, then there is a chance his wife would inherit his share.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Tennessee on
Q: In 2002 I quit claimed house to my daughter at the time was 5 yrs old no one at tilt company ask me her age or martial

I had life estate along with wife on property in divorce the judge ignored the life estate on me

Anthony M. Avery
Anthony M. Avery answered on Oct 28, 2019

What is your question? It appears that you lost the Divorce, and your only alternative is to file a timely Appeal. There was nothing wrong with the Deed as you describe it. And I would presume the Daughter has the Remainder still subject to the Wife's Life Estate.

1 Answer | Asked in Criminal Law and Probate for Tennessee on
Q: Unsupervised Probation Violation by Probation office.

I was put on probation for 2 counts of Sexual Battery, during my probation period I was able obtain unsupervised probation. There was one probation officer that did not like me and was always trying violation me. While on unsupervised few months into my my probation was to end. She was able to... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Oct 27, 2019

I think that you need to obtain a local attorney to investigate the matter. It is difficult to know all the facts online.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Would a probate be necessary for an heiress if her deceased father has only a $3000 vehicle in his name, no real estate,

No debt, only personal items. My husband has a bill of sale for a vehicle he bought from his best friend. His friend is elderly and has since passed away before he was able to locate and sign the title. My husband took possession of the vehicle after his friend's passing as he had paid the sale... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 25, 2019

No probate possible with no assets. Let daughter try to file suit or probate it, where you would make a claim against the Estate. Title may be difficult, but a lost title application may suffice. You are far too worried about this.

View More Answers

1 Answer | Asked in Criminal Law and Probate for Tennessee on
Q: Probation Violation Question

4 months into my end date of Probation, Former probation officer told me I was going be violation for having Social Media. ( Judge did Grant me access to internet for educational purposes, and had a written notaries letter from my former College teacher that stated it was require have Social media... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 25, 2019

There is a good chance that you will have to serve some or all of your remaining Sentence. Hire a competent attorney to lessen the damage. Pay all costs to the Court prior to the Hearing.

1 Answer | Asked in Probate and Real Estate Law for Tennessee on
Q: sole heir of a house in Tennessee, not part of probate, cash sale, no proceeds released

I’m sole heir of a house in Tennessee. It’s not part of probate. Creditor notices have been published, 4 month waiting periods ends soon. We’re pay two attorneys now and still can’t get a firm answer. The buyers closing atty states it is ‘TN law’ that he cannot release the proceeds... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 24, 2019

Why did you file Probate? You may have needed to, or you may have wasted alot of money and time. But any creditor can actually claim against the Estate up to one year from death of the decedent. You should have considered this initially, and may have instead sold it to a cash purchaser. If... Read more »

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: I sold my moms house title company say they have hold money from buyer for one year before they can release funds too me
Nina Whitehurst
Nina Whitehurst answered on Oct 23, 2019

Has it been at least a year since your mother passed? They might be waiting for all potential claims against your mother to expire. In the meantime, those proceeds must be kept available to pay claims. You will probably need to provide a TennCare release too.

1 Answer | Asked in Probate for Tennessee on
Q: What happens if i fail to respond to notice of continued administration within the 30 days given??

FYI I believe reasoning for reopening is additional funds to administer.

Anthony M. Avery
Anthony M. Avery answered on Oct 22, 2019

You can be held in contempt of Court, or removed as Administrator. It is possible that some of the actions you have taken will be set aside.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: My mother passed away June 2016 leaving her estate to her spouse. Now her spouse passed this April 2019.

The next week I went to probate court and obtained a copy of my mother’s will. I also learned that the probate case pertaining to my own mothers will was still active meaning never closed. My mother’s spouse who received her estate remarried a year and a half after my mother passed. So this new... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

There is too much missing information in your recitation of the facts to provide an answer in this forum. You should schedule a consultation with a local probate attorney to help you. Rarely is probate a do-it-yourself project.

View More Answers

2 Answers | Asked in Probate for Tennessee on
Q: How long do probates for a house in another house take? And close an estate? What’s what steps should I take to close?

I opened probate 4 months ago**correction to question above. The house in located in Georgia requiring ancillary **. Am the executor and beneficiary . Bonds and accounting were waived Received letter for pursuant failing to notify tenncare and my lawyer did not. I filed release form Not sure... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 26, 2019

If your question is about the house in Georgia, the answer is you need to hire an attorney in Georgia to help you process an ancillary probate.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: To be clear for medical POA according to 34-6-203 if you have two witnesses a notary is not necessary and vice versa?

Can you clarify if i'm wrong?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

That is correct. The witnesses, if you go that route, cannot be related to the principal by blood, marriage, or adoption and must not be entitled to any portion of the estate of the principal upon the death of the principal, i.e. not an heir or beneficiary.

1 Answer | Asked in Probate for Tennessee on
Q: I live outside of Texas where my dad passed. Do we need a lawyer from Texas to probate or can they be from other state?
Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2019

You really should hire a Texas lawyer. Probate laws vary widely from state to state and local rules can vary quite a bit too from county to county within a state.

2 Answers | Asked in Probate for Tennessee on
Q: My ex husband has passed away and his estate and probate is pending. My now husband is about to adopt mine and the

deceased daughter. Will that affect anything she will receive once she turns of age from the estate of deceased father?

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2019

Your facts have some mistakes. But I believe what you are asking is whether the daughter can inherit from both her actual Father and her adopted Father. No.... Once she is adopted, that is her Father and she has no relationship with her biological Father from the Adoption Order

and...
Read more »

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 Probate for Tennessee on
Q: In Tennessee, my cousin died intestate. No spouse, no children, no siblings, no parents, no grandparents. Maternal

heirs include 4 1st cousins and 3 siblings of a deceased cousin. Paternal heirs include 1 aunt, 7 1st cousins and 1 sibling of a deceased cousins. Equal shares to all?

Anthony M. Avery
Anthony M. Avery answered on Aug 27, 2019

No it is not equal to all relatives. It is halved between the Paternal and Maternal Heirs however. Those halves are then divided up by the Paternal and Maternal issue, with the closest relatives taking prior to further issue. You need to hire a competent attorney to determine heirship, and... Read more »

View More Answers

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.