Lawyers, Answer Questions  & Get Points Log In
Tennessee Estate Planning Questions & Answers
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 Estate Planning for Tennessee on
Q: No wills What am I allowed under surviving child

My Mother passed, no will. Her estate went to her husband. He has passed, also no will. The estate went to his daughter, who just recently passed...to my knowledge, no will. The property owned by my Mother and her husband is still listed as the owners. Is it possible for me to file something... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 18, 2020

You should have received a share of your mother's estate. It is difficult to explain further how to do this because it is unclear how your mother's estate "went" to her husband. Was there a probate? I suspect there was not because you would have received a share in that case.... 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.

View More Answers

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 for Tennessee on
Q: My brother paid my other brother and I for our share of my deceased mother's vehicle. What do we need to sign now?

3 siblings

Brother 1 paid brother 2 and I for our share of the vehicle. What do we need to sign in order to give him full ownership and get re titled?

The vehicle was registered in Tennessee. All 3 siblings live in Mississippi.

She owned nothing else so there was no probate or will.

Anthony M. Avery
Anthony M. Avery answered on Oct 1, 2020

The two selling brothers need to sign the certificate of title over to the buying brother. Buyer takes it to the County Clerk to get a new title issued in his name.

View More Answers

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.

View More Answers

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 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.

View More Answers

1 Answer | Asked in Estate Planning for Tennessee on
Q: My uncle is refusing to sign quit quit deed, for his sisters home that was left to me in her will. What can I do?

Her entire estate was left to me in her will. My uncle (her brother) wasn’t named at all in will. The title company helping with the closing of the home sale is insisting that even thou he isn’t listed on deed or will that he needs to sign this form.

Frank J. Steiner
Frank J. Steiner answered on Sep 3, 2020

First check the register of Deeds to see if the Uncle is on the Deed. If not, take the will to a Lawyer and file a petition to probate the estate. The attorney will guide you through the process.

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 Estate Planning, Foreclosure and Probate for Tennessee on
Q: Family member passed away with written Will left house with mortgage to my mother

The problem I’m facing the house became delinquent I had the money to make the payment but the bank would not accept the payment saying they have to have paperwork saying that I am the executor of the Estate i’m worried that I can’t get this taken care of in a timely manner before my house... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2020

Your facts do not make sense. But if you started a Probate, which may have not been necessary, then you should be getting your Letters Testamentary from Probate Court. Call the Court today. This will be your authority to act on behalf of the Estate. Insurance and Taxes have to be paid also.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Can you get arrested for if you don’t show up for court if your Subpoend over an easate hearing ?
Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2020

Yes the Probate Judge can issue a Capias for your arrest. If you are out of Tennessee, it will be difficult to apprehend you however. But in an Estate some type of Default Judgment may go down without your input. If you have Surety Bond, they will also pursue your assets where you are at.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Tennessee on
Q: would like to add girlfriend/Fiancé of 10 yrs on my house deed. If I do a quit claim deed, is there IRS or loan issues
Anthony M. Avery
Anthony M. Avery answered on Aug 3, 2020

If there is a Deed of Trust on the Property, then there is probably a due on sale clause if the lender does not give permission. Usually they never find out unless there is a Foreclosure anyway though. The Deed to her should be thoroughly considered and expertly drafted. If the Property is not... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: Mom and I purchased property together (house and car). She died unexpectedly, no will.

I need to make sure that I don't have any problems holding on to the property because while the deed to the house is in both of our names, the house is not yet paid for. The mortgage was in her name only, and the vehicle (which I gave her the money to purchase) was in her name too. I live in... Read more »

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

You have not stated what the exact estate created in the Deed is. It may be Tenants In Common, LE/REM, Jt Tenants w/Survivorship, etc. It is doubtful the Deed of Trust is in her name only as mortgagor. You probably either own the home or own 1/2 subject to the Deed of Trust, which cannot be... Read more »

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.