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Tennessee Probate Questions & Answers
1 Answer | Asked in Probate for Tennessee on
Q: My father died, with no spouse, 5 adult heirs, and no will. There is real property.

The PR is an heir. Some heirs want to sell the real property for debts others don’t. The PR does not want to sell and has said the property will not be sold. Can the the PR prevent or stop the property from being sold if there is not enough money to pay the debts? How do you have a PR removed?

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Hire a competent attorney to file an Action for a Partition Sale. But this may not be possible until the Probate is over due to possibility of an Insolvent Estate. The Heirs own the property at the decedent's death, but title may not be merchantable for awhile. The Partition Suit can... Read more »

2 Answers | Asked in Probate for Tennessee on
Q: Mother gets third of assets when her mother dies. She dies first. Does her part go to her executor?
Nina Whitehurst
Nina Whitehurst answered on Jul 26, 2021

Your question is unclear. Does "she" refer to your mother or your grandmother?

Either way, there is no way to answer your question without reviewing the will. Some wills are written such that a beneficiary's share lapses if the beneficiary predeceases the decedent....
Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Dad dies, will deeds property to mom. Stipulates after her death, to be split amongst kids. Mom wants to sell. Can she?

Father passed 16 years ago. His will stated the home is to be left to mother, then following her death, the property is to be split between 4 adult children - 3 father's biological, 1 mother's biological. The deed is in mother's name and she has maintained the property solely.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 20, 2021

It is not possible to answer your question without actually seeing your father's will and also reviewing the probate case, if there was one. It would also be necessary to review a limited chain of title to see how title ended up in your mother's name. You should take all of this... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: The will says the Entire Estate is split equally.Stepmom says I only get half of what the house sells for.Is she right?

Both parents names are on the deed of the house. Mom passed away 10 years ago and dad remarried about 6 years ago. He added my stepmother to the mortgage earlier this year and he just passed a month ago. The will states that his Entire Estate is split equally but she says I only get half of what... Read more »

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

If the Will is filed for Probate, then she is the Executor. She can also take a Spouse's portion electing against the Will which will probably wipe out the Estate. A title search may help or hurt. If no Will in Probate, then the Heirs own the home, you and her, and a Partition suit is... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Can I get money to take care of deceased property before probate is over?

I was her caregiver and am caretaker of house and property and need funds to.pay utilities and maintain the property is it possible to get funds for this purpose?

Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2021

If there is an Estate filed in Probate, then ask the Administrator or Executor to pay the same. Is no Probate, then no, it would be a gift and any reimbursement from the Estate, etc. is doubtful. It is possible the Heirs own the property, and those are the people that should pay for such... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: do you have to go through probate in TN when there's a will?

mother had a will leaving everything to my husband and his sister who died 30 yrs ago with no heirs of her own. there is a house and 2 small lots in Arizona, plus an older minivan, checking account and savings account. we gathered death certificates for his dad, sister, and mom and tried to file... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 28, 2021

Yes, probate is how wills are administered. That said, a whole lot more information is needed to determine exactly which probate process(es) is/are needed and in which state(s). If the decedent had real property in multiple states, for example, you might need a probate attorney in each state.

1 Answer | Asked in Probate for Tennessee on
Q: This question is about TN probate ....will waiting a year before filling for probate stop debit collectors
Nina Whitehurst
Nina Whitehurst answered on Jun 14, 2021

Yes and no. Waiting a year will have minimal to no impact on secured creditors. They can always foreclose on their collateral even after a year has passed from date of death.

Also, the one year statute of limitations does not apply to Tenncare and most other government...
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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Tenn. Non-Resident Executor requirements?

I live in FL. My father is moving from FL to TN. I know upon his death I must file the form to name the Sec of State to receive legal notices. My question is about "CO-Executor".

1. Can I name this Co-Executor AFTER my father passes or is it required to be named in the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 10, 2021

There is no requirement for a Co-Executor in Tennessee. A non-resident may serve solo as Executor as long as he or she, as you are already aware, designates the Secretary of State to receive legal notices.

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Tennessee on
Q: shut out of property that is co-owned, under joint tenants with right of survivorship fall under unlawful ouster law

after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each... Read more »

2 Answers | 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.

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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 »

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1 Answer | Asked in Probate for Tennessee on
Q: In TN does the probate attorney have to keep the heirs of the estate informed of the status of the probate case?

My mother died without a will in October 2018. My step-father is the personal representative and has hired an attorney who began the probate case. I have not received copies of any documents filed in court nor do I know the status of the case. The probate attorney does not return my calls nor... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 23, 2021

The Probate attorney does not represent the interested parties in the Estate. Many Probate documents filed with t he Court do not have to be served on anyone. I suggest you go to the Probate Court and read the File. If it is incomplete, wrong, etc., hire an attorney to represent you.

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 Probate for Tennessee on
Q: My father just died and I’m being asked by my mother to sign a waiver saying that she is to carry out his will.

Should I do it?

Anthony M. Avery
Anthony M. Avery answered on Apr 14, 2021

That is probably a consent for Mother to be the Administrator of his Intestate Estate. Apparently there is not a Will, so you are confused. You may wish to hire a competent attorney about what to do now. The type and amount of the assets should be considered. Both of you are Heirs and Next of... 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 Real Estate Law and Probate for Tennessee on
Q: How do I record a holographic will in Tennessee
Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

You do not record a Will except a certified copy of a Probated Will as a muniment of title. Wills are filed for Probate. But first you need a competent attorney to analyze whether you should administer an Estate or not.

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 Probate for Tennessee on
Q: Received a check in deceased mothers name from Honda. “A refund due to over payment on her account.”

My mother passed in 2019, with no will and very little assets. An estate bank account was never opened. I did have to file for a small estate affidavit and have a couple of checks she received and her car and truck listed on it in order to receive the vehicles and cash the checks. The small estate... Read more »

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

That Small Estate Affidavit should be enough for the Bank to honor the check. You may wish to try another Bank. Sometimes Letters of Administration are issued from the Small Estate Probate, which should be your authority to cash the check. If nothing else, contact me.

1 Answer | Asked in Probate for Tennessee on
Q: As a beneficiary named in a decedent's will, am I able to file a muniment of title to obtain ownership to decedent's hom
Frank J. Steiner
Frank J. Steiner answered on Mar 2, 2021

Yes, If you are named to inherit the real property

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