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Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Tennessee on
Q: My son and I will be moving to Knoxville to live close to my brothers. He, Justin is a 28 yo man with IDD. He will own

Home and have SSI and Medicaid. Once he enters a group home,I suppose Medicaid will put a lien against his house, but when it sells, won’t it put him over the limit and then not be able to reside in the group home?

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

There is a lot of missing but necessary information in this scenario. This is perfectly understandable because you do not know what information is relevant. You and your son should schedule a consultation with a Tennessee attorney experienced with special needs planning.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Is it legal in a civil case for a judge to rule against you if you are physically unable to be at set court date?

My grandma left me part of her estate when she passed away. She Appointed one of my cousins as Trustee of her estate. I went to jail for a period of 4 months. While in there I was served with papers accusing me of damages to the house that I did not do and a court date was set. I was physically... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

You might file a Rule 60 Motion now within 1 year of the Judgment. You need to be very convincing of your legal disabilities at the time. But even if you are in jail, you need to file papers (including handwritten in pencil) with the Court. Default Judgments are often set aside. You should... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: May children of the deceased use an Affidavit of Heirship in Tennessee to legally sell real estate (house) to neighbor?

House in Paris, TN owned by father and mother with TennCare assessment. Father passed in 2015 while mother was in nursing home with dementia. Family was advised by attorney that estate needed to be opened. Both had wills which appointed each other as Execs with me as alternate, but were drawn up... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

You haven't asked a question. What do you want to do? File a complaint against your former attorney? Sell the house? You would be wise to hire another attorney to discuss options and determine the best course of action.

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2 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Me and my family have been living in the same house for 15 years and still are. We have a lease and deed.

We have rent to own the house for 15 years. But the landlord who owns the house is wanting to kick us out because of her grandson is wanting to move in it. She dropped the lease and deed without us knowing. She dropped it 5 years ago and just told us recently 5 months that she had dropped the... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 27, 2020

You would be wise to hire an attorney asap to review the relevant documents and file the appropriate lawsuit.

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Tennessee on
Q: my father quit claimed his home to me in Nov. 2019. We are trying to sell the home, due to he lives with me now. can i

quit claim it back to him? Would this avoid capital gain at sale? he has lived there for 30 years and out for 3 months

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 25, 2020

You can. As long as it was his primary residence for 2 of the last 5 years the first $250k of gain will be excluded.

You still have a gift to you then a gift back, then a sale with a lump sum of cash. So your going to need to look at gift tax returns, likely no tax owed, and potential...
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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother has dementia and my sister is her POA. My father recently passed and my mother is executrix..

The will states if my mother passed things go on to be split between my sister and I does this make my sister executrix or would that be us

Anthony M. Avery
Anthony M. Avery answered on Jan 15, 2020

The sister is not the executrix here. If there is an actual Probate, then the substitute executrix takes charge, or the Court will appoint someone. If no Probate, then that Will has no effect. Your problem is that your

sister is now in control of both Parents' property due to intestate...
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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother passed away in Tenn and she was not married and I'm the only child and no will. Bank account money.
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 9, 2020

There is a "small estate" procedure which you may qualify for- depending on the amount of money in the Bank account. No personal property? No vehicle?

There is also a statute which allows banks to release up to $15,000 after 30 days of the date of death to the next of kin. You will need the...
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2 Answers | Asked in Estate Planning for Tennessee on
Q: I need to know if my brother can keep me from my half of a life insurance policy left by my mom and dad

They have been dead for 8 years and he is trying to keep me from my part of it but I believe he has given my sister her part

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2020

If you were a death beneficiary for the life insurance policy, trying calling the life insurance company to inquire about your share. Normally, the life insurance company will issue one check to each named beneficiary, not one check to just one of them. But if by chance they wrote a check to all... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Can tenncare take a home not included in probate and put in someone elses name 7 months before death?

My aunt was in a nursing home for the past 2 years. Last March (7 months ago), she had her house put in my mothers name (her sister). My aunt passed away a couple of weeks ago. From what I understand since the house was given to my mother it will not be included in probate. But is it possible for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 26, 2019

It may be possible that TennCare takes it. Your Aunt should have hired a competent attorney. But do not Probate anything, hire a competent attorney to conduct a title search, and your Mother needs to conduct herself as the owner.

2 Answers | Asked in Estate Planning for Tennessee on
Q: My great-aunt's will left a piece of property to her siblings, specifically stating that if any of them died BEFORE she

did then that siblings portion would go "back into the pot" so to speak and be shared equally between the surviving siblings upon my great-aunt's death. If one of those siblings has died, but did not die BEFORE my great-aunt, would that sibling's portion then go to their child after their death?

Nina Whitehurst
Nina Whitehurst answered on Dec 19, 2019

In Tennessee a devisee must survive the testator by at least 120 hours in order to inherit, unless there is a longer survivorship requirement stated in the will. If there is no survivorship period stated in your great aunt's will, and if the sibling survived your great aunt by at least 120 hours,... Read more »

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2 Answers | Asked in Estate Planning for Tennessee on
Q: My stepmother moved out the house where she had a life estate. If we now sell property, does she get any of the money.
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 4, 2019

Most likely - yes, and perhaps more importantly, it's unclear whether you can sell the property without her signature/consent.This is hard to answer without actually seeing the document that created the life estate. I do not think simply "moving out" of the premises is enough to terminate the life... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My grandpa died without a will and even though he and my grandma are legally divorced they have been living together f

For over 25 years.... My grandma use to be on the deed to the house is she still? And is it still her house?

Bennett James Wills
Bennett James Wills answered on Dec 2, 2019

You'll have to look at the deed to determine who owns the house. If they are divorced and she's not a title holder than the house would pass to the next eligible heir by statute. Consult a local attorney to determine what options, if any, you may have.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My parents died with no will. Is my dead brother’s wife (No children) entitled to a portion of their estate?
Nina Whitehurst
Nina Whitehurst answered on Oct 31, 2019

No, assuming your brother predeceased your parents. The laws of intestate succession in Tennessee only take into account blood relatives.

If your brother survived your parents but died before their estate was fully administered, then there is a chance his wife would inherit his share.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Tennessee on
Q: In 2002 I quit claimed house to my daughter at the time was 5 yrs old no one at tilt company ask me her age or martial

I had life estate along with wife on property in divorce the judge ignored the life estate on me

Anthony M. Avery
Anthony M. Avery answered on Oct 28, 2019

What is your question? It appears that you lost the Divorce, and your only alternative is to file a timely Appeal. There was nothing wrong with the Deed as you describe it. And I would presume the Daughter has the Remainder still subject to the Wife's Life Estate.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Would a probate be necessary for an heiress if her deceased father has only a $3000 vehicle in his name, no real estate,

No debt, only personal items. My husband has a bill of sale for a vehicle he bought from his best friend. His friend is elderly and has since passed away before he was able to locate and sign the title. My husband took possession of the vehicle after his friend's passing as he had paid the sale... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 25, 2019

No probate possible with no assets. Let daughter try to file suit or probate it, where you would make a claim against the Estate. Title may be difficult, but a lost title application may suffice. You are far too worried about this.

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2 Answers | Asked in Estate Planning for Tennessee on
Q: We received Tenn care letter everything is clear, but im not sure if i should sign on closing date if they are holding

Funds for a year why is that, is anything that can be done so i dont have too wait for a year i paid all creditors also if funds in bank for a year who control interest on funds

Nina Whitehurst
Nina Whitehurst answered on Oct 24, 2019

Those are questions for the escrow agent with whom you are dealing. Usually the way to convince an escrow agent to release funds against which a claim might be made later is to provide a bond, but that will cost you some money.

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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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