Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother had her will drawn up with Haskins, Robottom and Hack law firm. How do I locate who has it now?

My mother has recently passed away and I just read how the law offices of Haskins, Robottom and Hack have been brought to court about taxes and all. I can't find them online so if they are no longer in business, how do I proceed from here?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2018

Initially you need to decide if Probate of her Estate is necessary. You must examine assets for ownership and potential creditors. Hire a competent attorney and determine if there are other heirs and kin. You should be able to look for a possible Will document, but you should first decide if... View More

1 Answer | Asked in Probate and Estate Planning for Tennessee on
Q: My dads passed away with a will.He left the house to be split between my sister and I. Does this have to go to probate?

The house is the only thing that he had left to be split. He had no other property or anything to be taken care of.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 10, 2018

Most likely, yes, the will must be probated anytime the deceased owned real estate. this is absolutley true if you have other siblings ( other than just you and your sister). In order to insure in the future that you have good "title" ( ownership) to the land/house, you should go through... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: grandpa passed in 2003 but his real property was not settled. gramdma just passed what do i need to know and do

grandma has a will

grandpa had 6 kids 4 alive at death and the other 2 has passed on

the real estate is paid for

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 9, 2018

Sorry, but you haven't provided enough information to give any kind of answer. Is there a will for either grandparent? How many and who are the heirs/nest of kin? What real estate did they own- is it paid for? insured? occupied by family/tenants? This is probably more than can be answered in... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Situation: You have a Durable Power of Attorney. Your Father is in the hospital. You find out that your step brother has

taken your step mother to the bank and has had the facility that your father is at bring him there too. They have completely removed all money from accounts and redirected their direct deposit to a destination unknown by you. All of this done without your knowledge or consent. Is this legal?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 9, 2018

Possibly yes, if you father and step mother agreed to the transactions, then the Ban personnel are simply following instructions. If your father and step mother are not able to make good decisions ( or have been pressured into decisions that are not in their best interests) then you should... View More

2 Answers | Asked in Elder Law, Health Care Law and Estate Planning for Tennessee on
Q: Can the sister of a patient override the daughter if there's proof the patient didn't want his daughter involved?

This man has had his daughter banned from receiving any information about his health almost every time he has been admitted to the hospital and has told multiple friends and family members he doesn't want her involved. Somehow she figured out the password to come see him and has taken over as... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 5, 2018

Without a power of attorney for health care, the daughter is the next of kin. Legally she gets to make the call.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father recently passed away. He said he had a will and named his executor but the executor refuses to let me see it.

The executor has already sold everything my father owned and has taken over his accounts. My daters estate was in excess of 4 million dollars as the will was not submitted to probate. My father just passed away on August 22, 2017. Is there anything I can do about the way his executor handled my... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2018

There is no executor without a probated will. If you know what the will says, it might help. But the sole called executor might have been on his signature card, deeds, stock certificates, etc. You need to hire a competent attorney to investigate several different things. If the so called... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: If unmarried parent dies in Missouri & no will, to settle estate should we hire lawyer in MO or TN where we live?

Elderly parent lived in nursing home, on social security and medicaid, passed away. She had no will and divorced. Trying to settle her estate and get mail forwarded to us. So settling estate is left to us, since my husband's brother had pretty much disowned mom and had nothing to do with her... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 2, 2018

Generally, the deceased person's estate is governed by the law of the State where they resided at the time of death, so in this case, it sounds like you need a Missouri lawyer.

1 Answer | Asked in Estate Planning for Tennessee on
Q: I'm in TN, I have assets I intend to give to my kids. If I marry her and sign a pre-nuptial agreement, what can she get?

I have 5 kids to take care and she agree to sign a pre-nuptial agreement rescinding her interest to my assets. My question is we are in early 60's and as long as I live I want to have the control of the assets. My question is, when the time comes she (she's older than me) need to go to... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 30, 2017

You need to consult a good estate planning attorney.

1 Answer | Asked in Estate Planning, Probate, Small Claims and Wrongful Death for Tennessee on
Q: Could I sue my stepmom for not giving me anything or not coming up with my saving bonds?

My father killed himself in 2016. And I don't know the truth and I want to know if my stepmom or her family had anything to do with it. Also my great grandmother left savings bonds for me. And my stepmom will not give me anything of his or come up with my saving bonds. Also I'm not sure... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 29, 2017

You should consult a probate attorney. If your father left a will, you would have been entitled to notice of probate. If he didn't leave a will, you are entitled to a portion of his estate.

1 Answer | Asked in Estate Planning for Tennessee on
Q: If two people sign a power of attorney do both have to sign the revocation
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

It depends on what the power of attorney was for. If it was meant to convey authority of both people, then one person can revoke the power for the attorney to act on their behalf without the other revoking.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: 10 months after giving my attorney my father's Will, he has not filed it. Can I get law enforcement involved?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 18, 2017

You can try, but I suspect the Police will advise you to retain an attorney. Failure to exercise the duties of the executor can be the basis for having the executor removed/replaced. consult an experienced probate lawyer soon, this is not something you can do yourself.

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Probate for Tennessee on
Q: Mother and father passed in November, 2017. They resided in Tennessee.This question covers multiple topics.

My mother passed on November 7th. My dad passed on November 30th. Their bank account was accessed by a family member who fraudentely obtained POA for my father without my consent or knowledge. The account has a negative balance. I would like to have the family member prosecuted for withdrawing... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2017

It is doubtful that law enforcement will prosecute the theft.

The Next-Of-Kin can file a lawsuit against the Attorney-In-Fact who took the money for his/her own benefit. It is for Breach of Fiduciary Duty and any monies/property that he transferred to himself is presumed to be fraudulent...
View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: in Tennessee can property be willed to a wife without her husband
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 7, 2017

Yes- if I understand your question correctly. The statute which defines "marital property" and "separate property"

provides that property acquired by inheritance is separate property, and separate property is NOT subject to division ( splitting up) in a divorce case. In...
View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: I live in Tennessee. Do I have to give my late husbands sons a copy of his will?

My husband passed away with a will that left everything to me. His sons (one in AZ one in TN) said they cant believe they didn't get anything and consulted with an attorney. I'm thinking I may have to consult an attorney also. There is no estate. According to the will I own everything... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 16, 2017

If you have not submitted the will for probate, you should do so immediately.

In my opinion, any child, whether they are in the will or not, is entitled to see their parent's will. Its just the right thing to do. Wouldn't you want to see your mothers or fathers will? If there is...
View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Father died without a will.

My father died without a will. My brother in law is the executor. Probate is almost over. He and my sister want me and my other sister to sign over title to my father’s house to them. My sister and I want it divided fairly or they buy us out. Do I need my own attorney if there is a fight?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2017

Short answer YES

Longer answer even if there isn't a 'fight' it makes sense to have your own attorney review things.

Don't be penny wise and pound foolish about this. Getting advice from a local professional is always a good idea!

--This answer is...
View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: My father died without will. I need to have the law fees taken out of the estate, is that possible

I’m the beneficiary of his life insurance & oldest of 2. We agree on everything. I have the latest deed, the death cert

He has a double mortgage on a 20 year old double wide located on 2 achers in Cunningham, TN

Very little property 2 older (90’s model) car & truck... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 15, 2017

The administrators fee and the attorneys fees of the administrator are priority expenses of the estate ( I think the funeral expense comes first). However, in most local jurisdictions, these fees are subject to court approval or are set by local court rules. In other words, the fees do indeed come... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My brother passed away in August.Am i considered a heir?

My niece is on drugs and about to lose the house.Id love to try to buy it for remaining balance.Would i be considered a heir of his?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 10, 2017

More information is needed to give a complete answer, but generally, if there is no will, the children and surviving spouse ( if any) of the deceased would inherit from the deceased. You are certainly "kin" - but not directly in line to inherit. If you are interested in buying the... View More

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Schedule A of a trust is blank. As sole beneficiary, successor trustee and spouse, how will assets be dispersed?

My husband (the grantor) created a trust and named himself the trustee. He named me the sole beneficiary as well as the successor trustee. The problem is the Schedule A/Assignment of Property does not actually mention what property. Is it assumed that all assets will go to me his current spouse of... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 10, 2017

A contest is certainly possible since there are NO assumptions. Based on what you have said, I suspect a contest is indeed likely. This is unfortunately a common problem with some " do-it -yourself" trust/estate planning documents: the documents get signed, but the transfers to be made to... View More

1 Answer | Asked in Estate Planning and Child Custody for Tennessee on
Q: If my daughters baby daddy lives in NC but has not bought her a single thing, what way will the courts go?

I live in Tn and she was born here in Tennessee and is an official resident of Tennessee. He has not contacted me since june and has contacted other people instead of me. I also have proof of him smoking weed and throwing a gang sign.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 30, 2017

You should file court papers to require him to pay you child support. However, be prepared to allow him time to visit and get to know the child. It may seem like he doesn't care about the child now, but the law says the best thing for the CHILD is for he/she to know and have a relationship... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Should I only have to pay 5% of the bills?

I am involved in a difficult situation with my grandmothers will. She died almost 4 years ago and the will has not been done. Her house is still full of possessions and there’s no end in sight of cleaning it out. I am written in for 5% of her belongings. My aunt has spent all of the remaining... View More

Thomas Walter Tucker
Thomas Walter Tucker
answered on Oct 26, 2017

You need to discuss this with a lawyer. Your question suggests either the will has not been filed with the Court and an estate opened or the estate has been opened but not properly and timely administered. Who was appointed as the Executor of the will/estate? Does the will waive an inventory and... View 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.