Tennessee Estate Planning Questions & Answers

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...

Q: My uncle died in January in Tennessee. He never married or had kids. How do I find out who his assets went to?

2 Answers | Asked in Estate Planning for Tennessee on
Answered on Oct 1, 2018
Leonard Robert Grefseng's answer
I would start by checking the local probate records in the county where he resided at the time of this death. If he made a will, that should be filed there and even if he did not have a will, there would be a record of the administration of his estate in that county.

Q: My father created a will. A year later he was married. In Tennessee, is a will valid after marriage?

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Answered on Sep 28, 2018
Leonard Robert Grefseng's answer
Most likely - yes. Depending on the length of time they were married, a surviving spouse has certain rights to inherit ( elective share, years support, exempt Property) and a full discussion of those rights is beyond the scope of this question -answer format. You should consult an experienced family law attorney to guide you through the probate process.

Q: Can an only-child who moved in with her parents, now deceased, continue to live in house and pay parent's mortgage?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Sep 24, 2018
Anthony Marvin Avery's answer
The Daughter does not want to be personally liable for the Note and Deed of Trust. She takes subject to the Debt as the Heir-At-Law, but she never becomes a party to the Secured Loan unless she assumes it. Additionally she is not personally liable for Taxes. But if the Note, Taxes or Insurance are not paid Foreclosure will occur without notice to her. At some time or another she will want to file an Affidavit of Heirship to tell the world she owns it.

Q: If my mom co-signed on a mortgage for her granddaughter and she passes, could the mortgage company get her house?

1 Answer | Asked in Contracts, Real Estate Law, Estate Planning and Probate for Tennessee on
Answered on Sep 20, 2018
Anthony Marvin Avery's answer
If she signed the Note, then she is jointly and severally liable for the loan, and you cannot remove her contractual obligation. Her dying is not a Default on the Note, but nonpayment and other requirements are. If the Note goes in Default the Lender will probably sue Granddaughter and the Mother or her Estate. If she dies, Probate is not a good option. The Lender would probably foreclose on the encumbered real property, and then they may or may not sue upon the Note Deficiency , if there...

Q: In the State of TN, can one Durable Power of Attorney cover both financial and medical decisions?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Sep 12, 2018
Leonard Robert Grefseng's answer
It is possible- but the medical power of attorney has additional requirements: witnesses and a signed disclaimer/notice. Most lawyers use two documents so it's likely that medical personnel will be most familiar with a separate form. If you don't want a hassell, it's probably best to have two documents.

Q: My mother is in hospice right now with weeks to live. She has a will but has not signed it? How do we move forward?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Sep 10, 2018
Anthony Marvin Avery's answer
Whether her property is in Tennessee or not is important. Whatever the case, it may be prudent for her to Deed her real property to whoever she wants to have it at her death. It can be a Life Estate/Remainder Deed. If MediCaid is involved then you probably need a lawyer to construe it as maintaining a Homestead. Other property should be dealt with now in accordance with her wishes or alternatively who Her perspective Next-Of-Kin will be. The Attorney-In-Fact should either forget about...

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