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Tennessee Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Need to understand my father's will
Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2020

What is your question? Keep in mind that if the Will is not Probated, it has no effect, and you Father dies Intestate.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father passed with no will and unmarried, leaving 4 children. What do we do?

I am the eldest and my father did own his house flat out. He did not have a lot of money, the house is not worth a lot and he had some debt.

how do I file to become the executor and get the deed transferred over so I can sell it and split it between my siblings?

Bennett James Wills
Bennett James Wills answered on Oct 20, 2020

You would be wise to consult a local attorney to review the facts, debts, and assets. Regarding the real property, one option is to file an affidavit of heirship into the property record to show ownership. If he has other assets/debts, you may still want to open a small estate and obtain letters... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My father recently passed away in Tennessee and had a Tennessee will. His three daughters were in will, one being the

executor. The executor distributed cash assets that were in our father's safe to us but gave us no information on what remaining assets, such as what was in his checking account remain. Are we as the two remaining beneficiaries entitled to that information and whatever was left in the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 16, 2020

Yes, the non-executor beneficiaries under the will are certainly entitled to a copy of the will and an accounting for the estate. Normally this is done via a full probate administration, but sometimes other methods are used, such as a small estate administration. First, you should check with the... Read more »

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: My mother in law recently passed. According to the Husband(father) there was no will. However, the children were told

There was a will by the mother. What can they do to find out. This is a large estate that includes a business they all work for.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 15, 2020

If there was no will - then any children she may have would inherit a child's portion of her estate. If she had an attorney you can check with the attorney to see if there was a will. Someone should probate the estate - for now without a will - The estate and perhaps the heirs will need a lawyer.

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father passed away and lived in TN. I live in Ohio. I have 3 titles i need to get transferred into my name.

OH title office is saying everything has to go through TN. Im the executor to the estate and per a family agreement I get them. What do i do?

Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2020

If you are an Executor then someone has Probated your Father's Will. If no Probate, then the Will has no effect and you are not an Executor. Also where are the lands located? TN or Ohio? It sounds like you have went to a title company who wants a perfect TN Probate for your Father.... Read more »

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Does a will have to be filed after someone dies

Father was in nursing home and had a paper he signed over his home to one child had it notarized as well with witnesses. He has 2 other children as well. Do the one he left everything to have to file the will in the courts or can they just say they have a will that says they inherited it all.... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 29, 2020

You would be wise to consult with an estate attorney over your issue. There are lots of factors that may determine how you could proceed, if you are not already time barred since it's been 8 years as you say.

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1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Landlord - Tenant for Tennessee on
Q: While in probate can a home be rented to own by the heirs?

My grandfather passed with no will but it was known everything was to be split between his 2 children, my mother and my uncle. My uncle started probate and then very unexpectedly also passed just 44 days later. Now his share is to be split between wife and daughter. The house he owned is up for... Read more »

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

You have not stated enough facts to determine who the heirs at law are, and therefore own the home. However the heirs own it and can agree to sell it anytime they want. Hire an attorney to determine heirship, draft an Affidavit of Heirship, and possibly make an offer to them for purchase. Get a... Read more »

1 Answer | Asked in Estate Planning, Probate and Tax Law for Tennessee on
Q: My father passed away with no assets, and outstanding debt. What is my probate or tax responsibility?

He was on medicaid in a nursing home and all of his income went to that. Do i have I have to file a will in probate if I am the only heir and their are no assets to distribute? I have also found out owed a significant amount in back taxes, do I have to file a return with the IRS if there is no... Read more »

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

There is no Statute mandating Probate of every Decedent's Estate. Many, many Next Of Kin make this mistake. If there are no assets to distribute, there is no purpose for a Probate. Also land rarely goes through an Estate. If something happens to go to you, worry about any possible lien... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother's estate is ready for distribution yet my sibling will not allow it to proceed. What are my options?
Anthony M. Avery
Anthony M. Avery answered on Sep 25, 2020

You have not stated sufficient facts. However if the Estate is ready for Distribution to Beneficiaries, then you can make a Motion to Distribute, or even a Partial Distribution. You can also make a motion to remove the fiduciary administrator/executor. But you may not know all the facts of... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Do I, as a beneficiary have the legal right in Tennessee to know how much the Power of Attorney was paid from the Estate
Anthony M. Avery
Anthony M. Avery answered on Sep 23, 2020

Not sure why an attorney in fact would be paid anything by an Estate. But you might start by looking at the Court File at Probate Court. It might list the claims or an accounting by the Administrator/Executor. Read the File verbatim. If it seems wrong, hire an attorney to examine the... Read more »

1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Can I challenge a will that was executed in 2001 during which time that I was incarcerated.I was released in 2018.

Brother was sole beneficiary among myself and 6 other siblings.feel will was coerced undue influence on mother who was in Alzheimer status

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

In my opinion no... Besides blowing the SOL, there are practical matters to consider. Witnesses will be nonexistent now. And most importantly, the real and personal property is almost assuredly gone by now. I recommend you do a title search on any real property to see if any title problems can... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My grandmother passed away with a $37,000 mortgage balance on her home. No written will. I am her oldest grandchild and

I moved in a few months prior to her death to help with her care as well as her oldest sons care who has dementia. She verbally willed me to keep the house and continue caring for my uncle whom is her oldest child. The verbal was received by my mother whom is the youngest. She passed away 7/2019. I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2020

You are not ready to sell anything, and if the Note and Deed of Trust is not serviced, the property will be foreclosed upon. Hire a competent attorney to determine heirship, then find a knowledgeable affiant to swear out an Affidavit of Heirship. That will be your source of title. Then the... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My grandmother died without a will. My father passed am I entitled to his share of the inheritance

She has only one other child and grand child. Is there a statue of limitations

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

Grandmother's heirs were determined at her death. And your Father's heirs were determined at his death. Without knowing all the facts, it is very possible that you take one-half of what Grandmother had. Arguably the 7 year SOL for adverse possession applies, but it rarely applies... Read more »

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Tennessee on
Q: Can a small estate be sued.

My daughter died suddenly with few assets and no will. She also had no debts except those acquired surrounding her death. The ambulance sent one bill the first month after death but none since, the Hospital sent a couple and stopped, and the ER Physician group sent many and referred her to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

You opened up the can by filing Probate. Hire a competent attorney to close this Estate. If no claims are filed within 1 year of death, then it will be great. But you have a fiduciary duty to contact all known creditors, and you can be sued yourself. Administrative expenses should be paid... Read more »

2 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Tennessee on
Q: we live in my wife's father's house for more than 20 years. when he dies can the family throw us out?

he has no will

Shanone Emmack
Shanone Emmack answered on Sep 7, 2020

If there is no will, and the father is not married , and the house is not jointly owned, then the house should vest in the children when he dies. If your wife becomes joint owner she cannot just be thrown out of the house. I suggest talking to an attorney to understand the whole process.

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1 Answer | Asked in Probate for Tennessee on
Q: Do I need to go to probate to get my car's title changed from my name "and" deceased husband's name to just my name?

He passed over 5 years ago and the title says "and" not "or" between the owner names.

Anthony M. Avery
Anthony M. Avery answered on Sep 2, 2020

If you are selling it, you might try to sign the title over as yourself and the sole next of kin of the decedent. Or you can apply for a new title to DOS. Most County Clerks will take it as is. If necessary, file a Small Estate Affidavit Probate, but that is alot of expense and trouble for a... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My grandmother's will states that her house will go to my daughters who are 11 and 14.

The person over the house and funds when the house is sold is my cousin. The will places him as the advisor over the estate until my daughters are 21. The money must be used to take care of my daughter's needs. If there is any money left over when they have each reached 21, then the money goes... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 28, 2020

Is the Testator deceased? If not, then there is no probated Will. If deceased, then the Will must be Probated to have any effect. If no Probate, then the house goes to the heirs. If the cousin is the executor and trustee, then it sounds like a decent devise. To remove an executor, you need... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Can fees be taken from an estate if the lawyer only represent the Administratrix and not beneficiaries?

My Dads passed and his new wife hired a lawyer to handle the estate in Tennessee, we believed he was acting for the estate and therefore working for all of us but in an email he said he only represented her as the Administratrix, can she still take his fees out of the estate or do they have to be... Read more »

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

That is how virtually all lawyers handle Estates. And yes, he will be entitled to professional fees from the gross Estate. You and your relatives do not understand Probate. However you can object in writing to the Court if you feel the fees claimed are excessive.

1 Answer | Asked in Probate for Tennessee on
Q: How does probate court work? I have a settlement in my divorce that was supposed to be paid after death

It’s in court now when will it be paid out?

Anthony M. Avery
Anthony M. Avery answered on Aug 19, 2020

Probate of a Decedent's Estate in TN is usually a long involved process. You will need a competent TN attorney to properly perfect your Claim against the Estate. Hopefully you will recover something. or you may not. It would help to examine the Inventory of Assets at Probate Court.

1 Answer | Asked in Probate for Tennessee on
Q: How do I deal with my attorney not responding to phone calls and apparently abandoning the probate case in TN?

I live in NY

I have tried to get info from the court but they will not talk to me

I am the executrix for my dad’s will who died in 2016

Anthony M. Avery
Anthony M. Avery answered on Aug 14, 2020

Sometimes you have to discharge one and hire another. Probate in Tennessee is both difficult and expensive, and should not be filed unless necessary. You will need a competent attorney to close the Estate.

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