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Tennessee Probate Questions & Answers
1 Answer | Asked in Probate for Tennessee on
Q: Mom passed with a handwritten but unwitnessed will. I "thought" I had engaged a lawyer. But he does not call me back

It's been 3 months. The main thing I remember him saying is "if there is no will, there is no reason to open a probate". What does that mean? If I engage another lawyer can he bill me?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 27, 2022

You can always hire another attorney but when you do, be sure to let the first attorney know that he has been fired so he does not keep working on your file (assuming he is working on it). As a general rule, attorneys cannot bill for services NOT provided, but there are subtle exceptions. Your... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: IF THERE ARE CERTAIN ITEMS IN A DECEASED PERSONS HOUSE OR ESTATE DOES OWNERSHIP OF THOSE ITEMS GO BACK TO THE PERSON WHO

BOUGHT AND GAVE THOSE ITEMS AS GIFTS, OR DO THOSE ITEMS REMAIN AS PART OF THE ESTATE PROPERTY. MY SISTER AND I ARE BOTH EXEC. AS WELL AS 50 / 50 ON THE ESTATE. SHE THINKS SHE GETS EVERYTHING SHE HAS

EVER BOUGHT AND GIVEN MY PARENTS OVER THE YEARS. SOME OF IT FROM 20 TO 30 YEARS AGO. TO ME... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 7, 2022

Gifts transfer ownership of the gifted item from the giver to the recipient(s). Items your sister gave her parents belong in their estates. They do not automatically go back to her. If she wants those items back, then they would come out of her share of the estate.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I desperately need help with a trust fund lawyer.I need my sister removed as trustee as I am the beneficiary.

My dad's will has specific details on what to do and my sister is not complying with anything. She won't even respond to my text, call's, or email. I need help. I'm going to be homeless if she isn't going to help me.

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2022

A Tennessee attorney could advise best, but there was urgency in your post, which must have gotten overlooked in the "Uncategorized" heading. Repost your question in the Probate and Estate Planning categories, or you could also reach out to attorneys in those categories. There's a... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My mother passed with no will in Tennessee my brother, her 4 grandkids, her husband and I all live in the home help!

Home owned solely by her she her voiced wishes without a will to have the home transferred to my brother and I and set to transfer to her grandkids and for us to let her husband live in the home till he passes and us make sure he is cared for. Her husband agreed to honor her wishes and voiced this... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 24, 2022

If Mother owned the home individually, then you, your brother and her Husband each own 1/3 undivided interests as tenants in common. No Detainer Warrant amongst the owners, but the grandchildren could be ousted. A Partition Suit may be in order. Someone has to keep paying taxes.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Is a printed out will valid in tennessee as long as it's signed by the Testator and in the presence of two witnesses
Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

A last will and testament must be signed by the testator and two adult witnesses to be valid.

2 Answers | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: My dad was executor and refused the role so I was forced to handle everything.

My dad was put on my grandma's will as executor and when she passed he wrote a text message denying the rple as executor I was then forced to take care of everything regarding my grandma's funeral my dad then went to the bank and told everybody he is the executor. I ended up paying For... Read more »

Scott John Terry
Scott John Terry
answered on Aug 2, 2022

Depending on the size of your grandmother's estate, you need to start a probate proceeding and have yourself appointed as the executor of your grandmother's estate. If her estate is smaller than $100k, then you can avoid probate and handle it via a small estate affidavit. An attorney... Read more »

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1 Answer | Asked in Family Law and Probate for Tennessee on
Q: If my nephew owes legal restitution in tennessee and is about to inherit money can the courts take his inheritance?

My nephews grandfather passed and he inherited money can the courts take it?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 21, 2022

Yes...Nephew needs an attorney, and maybe this could end supervised probation.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: How to remove a lawyer from an administrator position in estate of my husband?

The court appointed the probate lawyer to be an administrator in my husband 's estate,so basically I would like him to be removed from this position and estate to be closed. I just simply do not trust him.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 20, 2022

That is a motion to remove the administrator for cause, and maybe an accounting. You will need some definite reasons to talk the Judge into removing someone he appointed a fiduciary. Not trusting him will not suffice. Also a proposed successor administrator will need to be suggested, such as... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: How can I get checks cashed in my mother's name and she passed away in February

What do I need to do

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 5, 2022

More than likely you will need to file a Probate Action, possibly a Small Estate Affidavit. Sometimes there is not enough money involved to justify the expense of Probate, so consult with a competent attorney.

1 Answer | Asked in Probate for Tennessee on
Q: If my siblings were given a lifetime estate in the property we jointly inherited can I still force a sale?

Can I use the partition provision of TN law to force a sale of property I jointly inherited with family members, when 2 of the 6 beneficiaries of the will were also given a lifetime estate in the properties as part of the will?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 28, 2022

Yes but only with their consent.

2 Answers | Asked in Probate for Tennessee on
Q: If I am joint owner of Mom's banking account will the court order that also to be split?

If I am joint owner of Mom's banking account will the court order that also to be split?

There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 27, 2022

If you are the Joint Owner, then the Bank Account is yours and does not go to the Next Of Kin. Who the Heirs are, of which Decedent, is something you need to talk to a competent attorney. Title needs to be searched, and Heirs determined. The paper may or may not be a Will. If not Probated, it... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: If I am the only living child will a court award disbursement to my deceased brother's children

There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it should be split equally between my brother and me. But I am told it is not a valid will. Would I not... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 27, 2022

When a person dies without a valid law, heirship is determined by the laws of intestate succession. It sounds like your mother was single when she passed. In that case the estate is split into one share for each child, living or deceased, unless a child died without any living descendants of his... Read more »

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: If a will can't be found and the estate goes to probate, does the length of marriage factor into what a spouse receives?

For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 27, 2022

That is a good question because the surviving spouse's share is different depending on whether or not there is a will. If there is no will, like my colleague Mr. Avery stated, the surviving spouse's share is determined by the laws of intestate succession. At the risk of oversimplifying,... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: How do I go about getting a copy of my father's will in Tennessee?

I believe my brother overlooked an entry.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 14, 2022

You will have to ask your father for a copy. He is the only one that has the authority to release the original or copy of his will, for as long as he is alive.

1 Answer | Asked in Probate for Tennessee on
Q: If real estate is passed in probate from a pour-over will to a rev trust, do the beneficiaries still get step-up basis?

If so, I assume you have to first deed it to the trust and then deed it to the beneficiaries before selling, correct?

Thanks!

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 9, 2022

The answers to your questions are yes and yes.

1 Answer | Asked in Probate for Tennessee on
Q: Can property be sold while going through probate?

Creditors have been notified about the probate. If they chose to respond, will they reply to the attorney's office? If they do not respond, will the debit still be required to be paid?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 23, 2022

Some creditors (like TENNCARE) do not have to respond, and yet must get paid and released. Most creditors will have to perfect their claims with the Probate Court, but some can file up to a year from date of death. Some unperfected claims will be denied. Your attorney should have told you this.

1 Answer | Asked in Probate for Tennessee on
Q: I have an attorney working an estate through probate. I have tried repeatedly to get them to respond. Any suggestions?

I sent several emails that have gone unanswered. I have been in the office and still get frustrated blank looks. I hate to start over since the process has already begun, but I’m at a loss as to how to my questions answered.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 23, 2022

If a Probate Case has not been filed yet, then you need to determine if Probate is necessary in the first place. An analysis of the properties involved must be performed first, and it sounds like you may have jumped straight to Probate just because you thought you had to. If the Estate is being... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father passed away yesterday without having a will. He Don’t have any property or land he only has $1200 in an accoun

He died without any insurance I was trying to get the money to go toward his funeral expenses. I’m his biological son

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 5, 2022

You can check to see who are the authorized signatories on the account with the Bank. But if he owned it individually, noone else has access to it right now. Sometimes a Bank will consider an Affidavit of Heirship as evidence of the Next Of Kin entitled to the personal property. Otherwise you... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Probate for Tennessee on
Q: What can I do to stop a person from quick deeding my house to themselves as if I sighed my house over to them?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 28, 2022

Not sure of your question. But if they have no source of title, then the grantor cannot convey. There could be a felony involved for a totally wild deed. But worse they may claim some authority, and you will have to file a very difficult, expensive case in Chancery to set aside the fraudulent... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: How do I update home title. How do I find out how title is held and whether it needs to be part of the probate. My name

is on DEED.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 29, 2022

Typically a home title is "updated" using a deed, but the proper method depends on the reason for the "update".

A real estate attorney or title company can help you research how title is held. Regarding probate, your question is unclear.

You refer to...
Read more »

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