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Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: My father is on his death bed. He got married. He wants to get it annulled but doesn’t have that kind of time.

What can we do to keep her from the money? Can we get in annulled faster?

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

Annullment is not an option in Tennessee. And just filing divorce on grounds of fault does not get a divorce. Hire a competent attorney for your Father to start transferring assets now. Life Estate/Remainder Deeds and/or Trusts might be good options for some more important assets. But it must... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My husband passed away but inherited land in MS. Is it legal for my step kids to sell it & cut me out? WasMarried 23 yrs

I cared for my husband through 8 years of Alzhiemers, he didn’t leave a will, but I was his POA. Step kids are trying to also take a portion of my house in Tennessee. Step daughter made herself executer of my husband estate ,even when I told her he had nothing subject to probate. Now his brother... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

Your heirship intestate succession rights should be governed by Tennessee Law, which is very similar Nation wide. You probably need a competent Mississippi attorney to represent you, a long time ago. File an Affidavit of Heirship in Shelby County Register of Deeds and start using it. You have... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: I am one of four siblings who own and operatea family farm which we incorporated.

One family member plans to place her assets

in an irrevocable trust.

How will this impact the sale of the farm

and the distribution of the income from this sale?

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2019

Not sure what your question is about. But sister's Trust Corpus will be legally owned by a Trustee, who will at least own, pay taxes, receive income, and possibly manage her former assets which she conveys into the Trust. It sounds like you plan a Sale already. The sister's tax consequences... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My 12year partner died suddenly yesterday. Can not remember safe combo for will. How does the family next in line work?-

Does oldest become power od attorney or is all family heirs? They want funeral arrangements so they can take body to whom we chose.

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

Unless you believe you are mentioned in the possible Will, it is not your concern. A locksmith can take care of the safe, and unless you are very sure you are in the Will, that operation is for immediate Family only. If you believe you are in the Will then call a competent attorney today, as... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My husband and I were told the lawyer has dissolved the account, and forgot to write out our beneficiary check .

All of a sudden we were told the investment account was dissolved, we were named in a will but the account is dissolved, so what do we do now, we're confused as to why he forgot to issue our check left by the deceased.

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

Apparently you have no idea what is going on. Initially you need to examine the Probate File at Court, to see what is happening . The Will may or may not have been Probated. Then you may need a competent attorney to inquire of the Executor where your money is. The Estate may not be closed yet... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: In the state of tennessee, does an administrator ad litem have standing to bring legal action on behalf of the estate?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 29, 2019

Your question does not contain enough information to accurately answer, but most likely yes- if an administrator ad litem has been appointed, they are the administrator and would have the same powers as any other administrator.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Regarding caregiver and heir Tennessee Estate

Last 4 years of my fathers life I took care of him by doing anything and everything that a person who can barely walk and who can’t drive needs to have done. My dad told me that If I did those things I could live with him rent free and he’d help me with anything I needed. Year one I helped... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 23, 2019

There are a lot of considerations in this type of situation. If you have an advanced directive, which is essentially a power of attorney for health care, and a regular power of attorney for financial issues, that will help. The next consideration is nursing home care, and, statistics show that a... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother passed away and as far as my siblings and I know, didn’t have a legal will. In Tennessee, spouses and children

Are supposed to split the estate “evenly” with the spouse getting at least 1/3, but we know we didn’t get our shares considering his lifestyle and what we received. He has a girlfriend who has offered to invest money if he included in his will that my siblings could still own the house, while... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2019

You are confusing intestate secession with the home's title, which may or may not be defined by intestate secession. If Mom bought home with spouse, then it is probably Tenants By The Entirety, that is he owns it period. You might check title carefully, as they may not have taken as husband and... Read more »

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Litigation for Tennessee on
Q: TN Caregiver, heir and only daughter. How do I counter law suit from estate?

I only had a power of attorney to pay bills for the last 2 weeks of my dads life. Dad chose hospice against my wishes and to come back home. We had an oral agreement that I thought my brother knew of to pay for a couple of sitters to help me. I was asked how much it would cost me to take care of... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 21, 2019

I am so sorry -

Unfortunately you will likely have to hire an attorney if they have actually brought a suit against you. It sounds like you have some legitimate defenses to their claims.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Tennessee Caregiver of Father I’mThe eldest sibling and only daughter of my father.

Beginning 2014 my father became unable to care for himself and long story short my brothers kicked him out of their homes and he ended up with me. During this time I was harassed and threatened by my brothers. I did my best to preserve my fathers assets and never spent money without his... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2019

You do not state if the Estate is suing you or whatever. You may wish to make a Claim against the Estate yourself. Hopefully you did not have your Father's Power of Attorney. If you did, you will have the burden of proving everything was done for his benefit. Try to produce receipts or checks... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: If a non family member opens probate and becomes executor without a death certificate, is the appointment valid

For an update, the person opened probate and got the papers and did not have a death certificate and over 2 months later in probate court the Judge mentioned the court never received a death certificate.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jun 20, 2019

Your question is unclear- by saying there is no death certificate, are you saying the person is not dead?! Tennessee has a statute which sets an order of priority for those serving as administrator of an estate (when there is no will). Usually a will contains a paragraph naming who is to serve as... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Does this firm deal with contesting wills?

My mother passed away Oct. ‘17 and her brother forced her to write up a new will for him to inherit everything. She was suffering from severe dementia at the time and was not mentally there for the new will to be truly trusted. The most important issue is that what he inherited was not hers at... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 12, 2019

From your description it sounds like you need to consult with an attorney. There are numerous law firms that handle Estate and Probate work in Tennessee. Is your Mother's case still active in Probate? Based on what you are saying here, you should likely contest the will. If your mother was... Read more »

1 Answer | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for Tennessee on
Q: Will Tennessee come get me in Dayton beach Florida if I have a warrant for probation violation
Timothy Denison
Timothy Denison answered on Jun 9, 2019

If they find out where you are, most likely they will, yes.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Should a will be contested if not signed? During the probate hearing, will is said to resort back to 2014 that is signed
Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2019

You have not stated anywhere near enough facts. Even then, Will Contests are very difficult to actually pursue, not just file. If the document is not signed by the Testator, it is not a Will, regardless of anything else. The only thing I can imagine that is involved here is a Personal Property... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: IN THE STATE OF TENNESSEE, IF 5 CHILDREN INHERITED FROM A PARENT AND ONE OF THE ADULT CHILDREN WAS PREDECEASED

WHO INHERITS HIS PART IF THERE ARE NO CHILDREN AND HIS WIDOW (THE PREDECEASED) REMARRIED AFTER THE DEATH OF THE TESTATOR?

Anthony M. Avery
Anthony M. Avery answered on May 20, 2019

If the Widow of the adult Child was his surviving spouse, then she will take later on as she is that Child's sole Heir and KIn. But she will have to pursue her rights, and after 7 years, it is a remote possibility the others might claim sole ownership. If there is a Probated Will involved,... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Tennessee on
Q: Father was sole heir of his late parents’ property, but he died (intestate) with property still in their name

How would I get the deed into my name, as my father's heir? His estate is currently in probate, but he property in question is not part of his estate, as it is not in his name. Would I file a muniment if title for my grandparents’ property? And is a muniment a separate thing from his probate?

Anthony M. Avery
Anthony M. Avery answered on May 15, 2019

The deceased Father's interest in the real property could still be brought back into the Probate Estate if it is insolvent. More importantly you need to do a Title Search, determine who the Heirs of the Grandparents were,

who the Heirs of your Father were, then someone with this knowledge...
Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: How do i get the value of my 1/3 estate inheritance from surving spouse who is not acknowledging me?

Can you please advice me on how to handle my deceased (no will left)mothers estate thats supposed to be 1/3 mine and her 7 month of marriage spouse won't acknowledge that and has given and sold most of her items(diamond rings, tanning bed, etc)within 1st week of death while driving her 4 runner... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 10, 2019

You can file your Mother's Estate for Probate as an Intestate Estate. You would probably request to be the Administratrix if you had a good lawyer and wanted to actually go through the Probate process. If your Mother owned the house as a Spouse, then you are not an Heir as the Survivor takes... Read more »

2 Answers | Asked in Probate and Estate Planning for Tennessee on
Q: My Mom died and now step father died. Does his grown kids get the house ? No will does my sister and I have any rights?

House was in both their names. His kids have moved in the house. My sister and I got nothing.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Apr 24, 2019

Unable to answer without a review of the deed: when you say in was in "both names," Tennessee law assumes if they were married that "survivorship" rights exist and thus when your mom died, the step father became the sole owner by virtue of the survivorship rights ( the legal term is "tenants by... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: What do i need to do if my dad live me a lot of property and i can't handle all the property by myself?
Anthony M. Avery
Anthony M. Avery answered on Apr 18, 2019

Not sure of your question. But if there are several acres, then you can easily deed undivided interests as tenants in common to your next of kin, or you may be able to actually divide it up into separate tracts which you deed to individual relatives. The important thing is that property taxes... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Tennessee on
Q: What happen in 2026 to large gifts made in 2019?

So let’s say that in 2019 I gift $1,015,000 to my son. This gift is $1,000,000 over the annual gift exclusion. That means I will need to report it to the IRS. However, I won’t immediately have to pay tax on that gift. Instead, the IRS deducts that $1,000,000 from my lifetime gift tax exemption.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 16, 2019

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... Read more »

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