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Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Tennessee on
Q: How do I undo a revocable trust?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Feb 16, 2017

An the name implies, a revocable trust can be "revoked"- you ( or a lawyer with experience in them) will need to review the trust document and comply with the procedures set forth in the trust. Additionally, if assets ( land or money) have been conveyed to the trust or the trustees, those... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: What should we do about a jointly inherited farm deeded in fee simple?

The deed reads "in fee simple" even though the will states each of us has half interest in the whole farm. We think the lawyer who wrote it made a mistake in not setting up joint ownership. How do we go about correcting the deed?

Ben F Meek III
Ben F Meek III
answered on Feb 13, 2017

The question is who are the Grantees in the Deed. If it is to the two of you, it should say something like "as joint tenants with right of survivorship" or "as co-tenants" or language to that effect. If it doesn't specify how you share the property, state law probably... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: If a will is still in probate (even after 20+) years, is the will still valid? Do the beneficiaries own the property yet

My grandmother's will named my father and his brother as beneficiaries. However, the will has not completed probate. It has been 20+ years. Probate court is set for March, in the mean time my father's brother died, (he left no will) His daughter now claims that she owns her father's... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 25, 2017

This situation is FAR too complicated to provide you any good advice in this sort of forum. You NEED to seek out local legal counsel to insure you know what is going on and whether or not you have any sort of interest in the property! It is hard to believe the Court would allow this matter to... View More

2 Answers | Asked in Estate Planning for Tennessee on
Q: Do my brother and I have to probate my father's will in order to get a new deed for property he left us?

The property was in both my parents' names. She died in 2015 and he died this year. My brother and I are the heirs in his will. We have the deed, both their death certificates, and the will. We did not probate her will since she left everything to him.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 17, 2017

the answer depends somewhat on your plans for the property. if you plan to sell or borrow money using the land as collateral any time soon, you will need to probate the will since either of those options will involve some for m of 'title search" being done , and that search will raise... View More

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Who completes the Affidavit of Heirship if there is no one left alive that would have personal knowledge of the matters?

Original property owner dies some 40 years ago, and wife's name was not physically printed on the deed. Wife dies within the last two years. When settling the wife's estate, property was not to be found a part of her estate, but remains in father's estate. Now, it is assumed that... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 17, 2017

Perhaps a search of birth and death records? Maybe a neighbor or some distant kin? However, if there is truly no one who is willing to sign, there is a kind of lawsuit to "quiet title." This is obviously more expensive, but getting a court order confirming the ownership is the only other... View More

2 Answers | Asked in Estate Planning for Tennessee on
Q: Can a surviving wife with a large investment account, change the beneficiaries away from the trust?

The trust was established before her husbands death, but she is expected to have UBS change the beneficiaries to cut out the husband's children so all monies would go to her children. How could it be stopped? Is that legal?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 5, 2017

Generally, only the original "TRUSTOR" can change the terms and obviously they can't make any changes after they die. Your question is unclear- who is "UBS"? If this has been attempted, a lawsuit needs to be filed asap seeking to enjoin any further action and to set... View More

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1 Answer | Asked in Estate Planning, Land Use & Zoning, Legal Malpractice and Real Estate Law for Tennessee on
Q: Is wholesaling real estate legal in the state of Tennessee?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 3, 2017

Sorry, but you haven't provided enough information to understand your situation. Please explain what you mean by "wholesaling." Generally, a seller can sell to whoever they want. Buyer and seller are free to agree on all kinds of terms.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can I put my property in a land trust for my children?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 14, 2016

yes, but to be precise- there's not enough information in your question to provide a proper answer. There are always pros and cons to every decision. You don't mention the value of the property ( there might be gift taxes).

You don't explain why you think this is a good idea...
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1 Answer | Asked in Estate Planning for Tennessee on
Q: My mother was 1 of 3 ladies added to a family trust. How can I be added to the trust? 1 of the ladies died & 2nd is ill.
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 22, 2016

A trust is generally a written document ( although sometimes it is part of or contained in another document, like a will). The author of the trust ( not the lawyer preparing it, but the person creating the trust ) is called the trustor. The person handling the money or assets is called the... View More

1 Answer | Asked in Family Law, Estate Planning and Health Care Law for Tennessee on
Q: My mother is in the hospital, she is able to comprehend. Can she give me permission to do things?

My mom is 58 and i live with her, I am 16

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 20, 2016

If you are under 18, the law says you lack the required maturity to act for someone else. You may be very mature for your age, but unfortunately, the law applies to everyone, and it does not allow for "special exceptions". You should find another adult to act for your mother.

1 Answer | Asked in Divorce and Estate Planning for Tennessee on
Q: My father s ex wife is suing his estate for in paid alimony for the past 12 years. Alimony was ordered but never paid.

Supposedly there was a verbal agreement that she did not require it therefore he never paid it. Can she do that after not holding him in contempt of the divorce decree for 12 years?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 13, 2016

This is going to require a lawyer- You can't handle this yourself. There are lots of complex legal issues here- the statute of limitations ( time deadlines) the type of alimony originally awarded ( divorce law) Evidence issues ( about the oral agreement and the "dead's man... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can an heir get the will changed in order to sell unwanted property to whomever.

The will states that only family members can buy or be given the land as part of the father's will. Can this will stipulation be changed and if so, how?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 26, 2016

A will, once a person has died, CANNOT be changed- think about it, once you're dead, there's no doing anything. However, the wording you described sounds confusing, and this sometimes happens; the deceased is not clear about what he/she wanted done. In those cases, the judge sometimes has... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: Can a power of atty. With unlimited powers give the principals house away to the power of atty's son?

I know this lady who had unlimited power of atty. Over her aunt in Tenn., and about a year before the aunt died she quick deeded the aunts house and land over to her son.

Bennett James Wills
Bennett James Wills
answered on Oct 22, 2016

Power of attorney, no matter how broad, does not give one the right to commit fraud. The power of attorney grants a fiduciary duty to the holder. Consult counsel if you think something is awry.

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1 Answer | Asked in Estate Planning for Tennessee on
Q: What are the statue of limitations to contest a trust in TN?

My father passed away approx. 25 years ago. Leaving behind both his two children, both his parents and two siblings. His father passed away about ten years and his mother passed away a little over a year ago. My father's siblings took it upon themselves to take my fathers's mother and... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 10, 2016

The statute of limitations on a will contest is 2 years, but creditors of an estate have only 1 year to file claims against an estate. You do not say whether there has been an administration of your grandmother's estate, but if you are going to contest anything, you will be bound by the... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad died intestate. He had a policy but did not name a beneficiary because he was not married. Can I contest this?

Can you call witnesses in probate court?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 16, 2016

Your question is unclear- by "policy" I assume you mean a life insurance policy. If he did not name a specific individual as the beneficiary of this policy, then most likely the death benefits would be paid to his estate. You've said he had no will and was not married, so under... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: In TN if I died and I had a safety deposit box that I didn't tell my wife about would she be notified and gain access
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 14, 2016

Some banks, most likely the smaller one, might be alert enough to notice a customer's passing due an obituary in the local newspaper, but it seems much more likely to me that the only notice your family would get would be a bill for the monthly or annual rent for the box. If an estate is... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: What does it mean for a estate beneficiary to "revoke the waiver of bond" they had previously signed
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 14, 2016

The general rule is that any "fiduciary" ( a person in a position of trust, one who handles someone's money) should be bonded; in other words, there should be some insurance obtained to protect the owners in the event the fiduciary turns out to be dishonest and steals some of the... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: After my sister died (in Tennessee), her company set up a trust for her two sons. Looking for a form petition.

After my sister died (in Tennessee), her company set up a trust for her two sons. My nephews are now both over the age of 21 and apparently the trustee (or executor -- not completely sure how it was worded in the trust) has Alzheimer's and my nephews have been instructed to write a petition... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 3, 2016

I suspect you won't find a form for this- its unusual and fact specific. Look for "termination of trust." A trust is a written document, so you ought to get a copy of it and read it carefully- it may contain specific terms which describe under what circumstances it can be terminated.... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father passed away last month and I am a heir so why do I have to supenna the attorney for a copy of the will?

I am not the executor of the will. My sister is and I have asked for a copy from her but have refused to give me a copy. The attorney whom done dad's estate refuses to give me a copy and said, I have to supenna a copy from him. Why should I have to go through all that when I am a heir in the will.

Megan R. House
Megan R. House
answered on May 9, 2016

It sounds like you may not be a beneficiary under the will. If you were then you would have been contacted by the attorney or your sister to let you know that you are a beneficiary and what share you would receive. If he said that you need to a subpoena the will in order to see it, then you should... View More

1 Answer | Asked in Estate Planning and Legal Malpractice for Tennessee on
Q: Would I be held liable if I offered as a community service to help people do living wills

They would sign a disclaimer showing that I was not a lawyer nor was I offering legal advice etc. I would print off the living wills that were for Tennessee. They would also have to take them to get them notarized.

Adam Studnicki
Adam Studnicki
answered on Feb 16, 2016

You might run afoul of rules or laws against the unauthorized practice of law.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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