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Tennessee Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Tennessee on
Q: What will happen to my Uncle's estate?

My great uncle has unfortunately passed away recently. He has a living will that's kept in a lockbox under a bed. (At the nursing home he and his wife lived in.) His wife will not turn over the will to anyone. All that manners to us is his last wishes are carried out. His estate in total could be... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2019

I recommend filing for Probate Administration in whatever County most of his assets are in, such as possibly Fentress County. You or another relative can request being the Administrator, who will probably have to post a Bond. If the Wife has an actual Will then she can then file it for Probate.... Read more »

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2 Answers | Asked in Estate Planning for Tennessee on
Q: I have lost my original will. I have a copy. Should I have it notarized or rewitnessed. It was written over 20 years

it is a simple will leaving everything to my 2 daughters to split as they want. Just a house, car and personal belongings. Retirements funds in Vanguard are covered under beneficiaries at their firm. No debt or husband or other children.

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

Estate plans should be reviewed every few years anyway. You should invest in a consultation with an estate planning attorney. There is more to a complete estate plan than just a simple will. A proper estate plan handles more issues than just distribution of the estate at death. You should also... Read more »

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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.

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1 Answer | Asked in Estate Planning for Tennessee on
Q: can my moms family i dont know change my parents wills and take my inheritence

my father passed away and my mother is going to a nursing home by her poa, the family i dont know unfortunatley , and their wills read identica that me being only child assumes everything after they have living rights. my fathers will isnt filed at the courhouse for me to be bonded bc her poa... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

A power of attorney expires upon death of the principal, so the agent under your dad's POA has no authority unless she is also xecutor of his will, in which case she is duty bound to file it with the court and follow its provisions.

As for your mom, it sounds like she no longer has the...
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1 Answer | Asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: can i sue for my fathers estate if my mothers being kept from her family by her poa under undustress

myfather passed away 2 weeks ago, my mothers niece i met maybe 5 times my life assumed poa as witnessed by my son by scare tactics and coaching my mother in a vulnerable state, and recently expressed this to many to verify, and its been signed off and other favors by her cousin on who is a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

If you believe your mother is being physically or emotionally abused or being taken advantage of financially, contact your local Adult Protective Services office.

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 Estate Planning for Tennessee on
Q: Can the executor of the Will continue liquidation of estate assets absent an injunction?

My sister’s boyfriend committed suicide and named her as the executor of his very specific will. She has completed more than half of the administration aspects of the Will after receiving the Letters Testamentary by the court. The Will was prepared by an attorney per TN statue. The Will... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2019

No, the Executor can continue performing her duties as a Fiduciary. But if a Will Contest is successful, the Executor will have to account for all property and cash. She needs to be careful, but if it is not time critical, she might wait to see if a Contest is actually filed. She has a duty to... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: Does the wife, in Tennessee, automatically get her diceased husband's personal property by law if he has no will?

My husband is "too busy right now" to draw up a will. We moved to Tennessee from Florida in Sept 2018 and bought a house with a mortgage. He has two daughters with families in Colorado. I am their step-mother. If he dies, does his personal property automatically go to me, his wife, by Tennessee law?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 11, 2019

A surviving spouse is entitled to certain household goods and the family automobile if the deceased spouses dies without a will. Review Tennessee Code Section 30-2-101. The surviving spouse has other entitlements ( a homestead allowance and a "years support, etc ) but all of these are NOT... Read more »

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2 Answers | Asked in Banking, Estate Planning and Real Estate Law for Tennessee on
Q: My grandfather passed away and left his estate in my name. My grandmother is still alive and the bank is threatening

foreclosure, because they owe $27,000. As the property owner what are my options?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 9, 2019

If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the... Read more »

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1 Answer | Asked in Estate Planning for Tennessee on
Q: In Tennessee, can the executor’s fee be calculated by a flat percentage of the estate or must it be an hourly rate?
Nina Whitehurst
Nina Whitehurst answered on Sep 7, 2019

It can be either, whatever you and your attorney agree.

2 Answers | Asked in Estate Planning for Tennessee on
Q: What is included in the total value of an estate?

Does the total include just the house and cars or the contents (jewelry, expensive antiques, high end furniture) as well?

Nina Whitehurst
Nina Whitehurst answered on Sep 7, 2019

It includes the contents as well, everything that wasn’t previously transferred to a trust.

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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 »

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2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: How do I file a small estate affidavit in order to claim my son's life insurance policy?

My son died without a will. His father, sister, and I are his next of kin. I have no knowledge of any assets or debts. The insurance company requires a small estate affidavit with a federal EIN number to consider payment. Do I have to be the "affiant", or is the insurance company?

Nina Whitehurst
Nina Whitehurst answered on Aug 27, 2019

In some states this can be a do-it-yourself project. This is not so much the case in Tennessee. To do this right you should hire a Tennessee probate attorney. The papers do need to be drawn up correctly and filed with the court.

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1 Answer | Asked in Estate Planning for Tennessee on
Q: Can my deceased dads non married partner put her info on his death certificate if im his only living child
Anthony M. Avery
Anthony M. Avery answered on Aug 23, 2019

I assume you are talking about who the Informant is for the Death Certificate. And yes, the physician and/or medical examiner can get the Decedent's information from anyone they please. But if your Father was not married at death, you are the sole Heir-At-Law and Next-Of -Kin unless there is... Read more »

1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: My father is on his death bed. He got married. He wants to get it annulled but doesn’t have that kind of time.

What can we do to keep her from the money? Can we get in annulled faster?

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

Annullment is not an option in Tennessee. And just filing divorce on grounds of fault does not get a divorce. Hire a competent attorney for your Father to start transferring assets now. Life Estate/Remainder Deeds and/or Trusts might be good options for some more important assets. But it must... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My husband passed away but inherited land in MS. Is it legal for my step kids to sell it & cut me out? WasMarried 23 yrs

I cared for my husband through 8 years of Alzhiemers, he didn’t leave a will, but I was his POA. Step kids are trying to also take a portion of my house in Tennessee. Step daughter made herself executer of my husband estate ,even when I told her he had nothing subject to probate. Now his brother... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

Your heirship intestate succession rights should be governed by Tennessee Law, which is very similar Nation wide. You probably need a competent Mississippi attorney to represent you, a long time ago. File an Affidavit of Heirship in Shelby County Register of Deeds and start using it. You have... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: I am one of four siblings who own and operatea family farm which we incorporated.

One family member plans to place her assets

in an irrevocable trust.

How will this impact the sale of the farm

and the distribution of the income from this sale?

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2019

Not sure what your question is about. But sister's Trust Corpus will be legally owned by a Trustee, who will at least own, pay taxes, receive income, and possibly manage her former assets which she conveys into the Trust. It sounds like you plan a Sale already. The sister's tax consequences... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My 12year partner died suddenly yesterday. Can not remember safe combo for will. How does the family next in line work?-

Does oldest become power od attorney or is all family heirs? They want funeral arrangements so they can take body to whom we chose.

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

Unless you believe you are mentioned in the possible Will, it is not your concern. A locksmith can take care of the safe, and unless you are very sure you are in the Will, that operation is for immediate Family only. If you believe you are in the Will then call a competent attorney today, as... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My husband and I were told the lawyer has dissolved the account, and forgot to write out our beneficiary check .

All of a sudden we were told the investment account was dissolved, we were named in a will but the account is dissolved, so what do we do now, we're confused as to why he forgot to issue our check left by the deceased.

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

Apparently you have no idea what is going on. Initially you need to examine the Probate File at Court, to see what is happening . The Will may or may not have been Probated. Then you may need a competent attorney to inquire of the Executor where your money is. The Estate may not be closed yet... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: In the state of tennessee, does an administrator ad litem have standing to bring legal action on behalf of the estate?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 29, 2019

Your question does not contain enough information to accurately answer, but most likely yes- if an administrator ad litem has been appointed, they are the administrator and would have the same powers as any other administrator.

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