Tennessee Estate Planning Questions & Answers

Q: What happen in 2026 to large gifts made in 2019?

1 Answer | Asked in Estate Planning and Tax Law for Tennessee on
Answered on Apr 16, 2019
Bruce Alexander Minnick's answer
No one on this planet could possibly answer this question. You are seeking a definitive answer to a question about death taxes, which are subject to legislative change day by day--at the whim of those in power in Washington. Why worry about things that may or may not happen between now and the year 2026--when you have plenty to worry about today.

Q: My mother-in-law passed away in September, 2017. She had a living Trust which we closed out in July, 2018.

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Apr 5, 2019
Anthony Marvin Avery's answer
The Bill is against the Deceased. It is not your responsibility. If the Creditor wishes to Probate the Estate (for their benefit), then that is their choice. You should not have contacted anyone, because now they may try to hold you liable.

Q: If one beneficiary can't be found, must all other beneficiaries wait a year for their inheritance stated in the will

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Apr 3, 2019
Anthony Marvin Avery's answer
Unless there is some provision in the Probated Will, no. There are several ways to make interim and final distributions to Legatees. Is there a lawyer that filed the Will for Probate? If so he can have the Court order the several ways to hold the funds for the absent Distributee.

Q: am i eligible to receive an inheritance?

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Mar 15, 2019
Anthony Marvin Avery's answer
If you are designated as a Legatee or Devisee in anyone's Will that is Probated, then you should receive that Testamentary Gift. However you are potentially a Heir or Kin only from your actual (adopted) Father's Family. So you cannot inherit from your birth father's family. However you may wish to ensure that you are actually Adopted.

Q: Can the Beneficiary/powerholdes of a Crummey Trust change from year to year.

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Mar 8, 2019
Anthony Marvin Avery's answer
You need to hire a competent attorney to examine the Trust in force, and examine what you wish to do in the future. It is impossible to give you advice without examining the Trust Instrument, your Tax returns, the Trust's Tax Returns if any, and what your objectives are in relation to the Beneficiaries. Again hire an attorney and forget about general inquiries on the computer. Your attorney does not need to be local.

Q: In Tennessee, how do you change the executor of a decedent's will?

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Feb 26, 2019
Leonard Robert Grefseng's answer
Yes, the executor named in the will can decline to serve- it is a voluntary position and no one can be compelled to serve. The Tennessee Code rarely provides forms for documents, so the refusal/resignation of the named executor will have to be prepared by someone- it doe snot have to be a lawyer, but it will need to contain the original signature of the named executor. the will needs to be reviewed also since it might address this situation: naming an "alternate" in the event the first choice...

Q: My grandma passed and left alot of land to my mother, brother, sister and I.

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Estate Planning and Family Law for Tennessee on
Answered on Feb 15, 2019
Anthony Marvin Avery's answer
You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...

Q: Can mortgage company refuse to talk to the administrator of an estate regarding the deceased property ?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Feb 7, 2019
Anthony Marvin Avery's answer
Yes. About the only real right you have is to tender payment in full of the Note with all penalties. If the NoteHolder refuses you payment, then file suit in Chancery to have a Waiver Declared such that the Note is satisfied.

Q: How long does mortgage company have to review administrator of estate papers ?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Feb 7, 2019
Anthony Marvin Avery's answer
The Holder of the Note and Deed of Trust do not have to talk to anyone. nor does the Trustee conducting the Sale. It appears the Note is in default and they are going through with the Foreclosure. The Estate may wish to bid at the Sale or you may believe the Note and other requirements of the Deed of Trust are not in Default. If so you may wish to hire an attorney to request an Injunction in Chancery, but you will have to post a Bond.

Q: Can judge order heirs to bring back personal property they took after dad died ? No will ,but now have admin of estate ?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Feb 7, 2019
Leonard Robert Grefseng's answer
Yes, the judge can order that and more importantly, the administrator of the estate has a DUTY to try and recover the lost assets. Consult an experienced probate/estate lawyer asap for specific advice on your situation, this is not something you can do without a lawyer. The legal fees are a priority expense of the administration.

Q: I have 3 siblings besides myself, our father passed away in May 2018 , no will.

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Jan 26, 2019
Anthony Marvin Avery's answer
Under the laws of Intestate Secession each of you owned one fourth each of his properties at death. It appears that your Father knew what he was doing and did not want Probate. It is up to the Creditors if they want to Probate his Estate, but this is very rare. Even then it would be very difficult for them to get paid and not all Creditors would file Claims.

Q: My mother passed away unexpectedly. My stepfather says she never signed the will.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 24, 2018
Leonard Robert Grefseng's answer
Under Tennessee law, if a person dies with out a will, their property ( both real and personal) is inheirited by the surviving spouse ( if any ) AND the children of the deceased. Check the your local courthouse ( the county where your mother lived at the time of her death) to see if any formal papers have been filed to administer her estate. Consult a local probate lawyer for advice on your specific situation.

Q: Can I use the letter of admin to sell my dad’s home and land? We filed probate already!

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 17, 2018
Anthony Marvin Avery's answer
Why did you file for Probate? I suspect you attracted problems by doing so, and probably had no reason to file. If the Title Company does not wish to handle the transaction, then find another purchaser. You needed a Title Search, Affidavit of Heirship and then a willing purchaser. But that was without Probate. Now you may very well have brought enough debt collectors notice so that the real property may have to be put up for sale in order to pay off the Estate. There may have been a...

Q: As Executor of my dad's will do I have the right right to receipts, statements, notifications of goings on?

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 11, 2018
Anthony Marvin Avery's answer
Unless there is a Will filed for Probate, then there is no Will and no Executor. Apparently you have not filed the Will for Probate. There may be an Administration going on. Hire a competent attorney to find out if there is a Probate Action, and decide if you need to Probate the Will or take other actions to obtain your rightful properties as an Heir and Next of Kin.

Q: Before my father died his brother wont let me have his property.there's no will

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 11, 2018
Anthony Marvin Avery's answer
You probably need a Title Search and file an Affidavit of Heirship/Next of Kin. That will be your source of title, then sue the Uncle in General Sessions for an Action To Recover Personal Property, along with a Detainer Warrant.

Q: probate issue. Wife is on banking account with her father who recently passed away. She had right of survivorship.

2 Answers | Asked in Estate Planning for Tennessee on
Answered on Nov 16, 2018
Leonard Robert Grefseng's answer
Based on your question ( that she had survivorship rights) - NO, these funds are not part of the estate.

Q: Can I petition to be executor of my deceased step-grandpas estate? A will hasn’t been located

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Answered on Oct 31, 2018
Leonard Robert Grefseng's answer
Any interested adult person can serve as an administrator- it is usually a family member and there is a state statute which sets a priority, but it since he has no close relatives, the Court would likely choose you since you are willing to volunteer for the job. The job has some responsibility and be prepare to obtain a bond.

Q: my mother has me on the deed of her home. It is in my old name. She wants the deed changed to reflect my new name.

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Answered on Oct 24, 2018
Leonard Robert Grefseng's answer
There are no consequences and it I snot necessary to incur any expense for a "new" deed. The only possible issue is identification, or in other words, can you prove that you are the same person named in the deed?

I suspect you can. People get married and change their names all the time, - they do not forfeit any property rights by doing so.

Q: What happens if I as a beneficiary refused to sign off on probate?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Oct 12, 2018
Anthony Marvin Avery's answer
More than likely the Administrator will have to file an Accounting which shows the Court all of the Assets that came into his hands, all his Disbursements, and his proposed Distributions. If the Court orders the Distributions as proposed, your approval is not required to Close the Estate.

Q: Want to sell my house but I have tenants with no written agreement.Can I evict them?

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Oct 12, 2018
Anthony Marvin Avery's answer
Unless they have been there for three years you should have no problems filing a Detainer Warrant against them. You should give them notice that you want them out thirty days from your next rent payment. If there is a Security Deposit, have it ready to be returned upon your receiving the keys. If they remain, file a Detainer. They may go to Court and complain, but unless it is in a Landlord Tenant County, you should receive a Judgment for Possession. At worst they may sue you, but damages...

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