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Tennessee Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Tenncare request for release

Recently got a Tenncare request for release form and had fill out along with sent a death certificate by email for my mother that passed in nursing home with Tenncare Choices. They emailed me back since I am a disabled that they assert my estate when I pass. They will not let me know how much my... View More

Nina Whitehurst
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answered on Nov 8, 2023

If you are disabled, you do not have to pay anything to Tenncare while you are alive and remain disabled. It would be easier on YOU to just let the make a claim against your estate when you pass.

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Estate will

Several years ago my father and my stepmother made a will that the property and house goes to her 9 kids. She had the 9 children from past marriage and my dad has me from past marriage too. No children was born into their marriage. My stepmother left me out the will and I feel like I supposed sign... View More

Nina Whitehurst
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answered on Oct 22, 2023

I hate to be the bearer of bad news but a will does not require the consent or sign off of anybody but the maker of the will. Your consent to this arrangement was not required.

1 Answer | Asked in Probate, Estate Planning and Civil Litigation for Tennessee on
Q: Do you have to probate house and land in Carter County, Tn? When Father dies and 2 sons do not want the property.

If sons inherit property and both want to sell it to someone and they agree to it can they do so without putting it in probate? If it does have to go to probate who becomes executor if neither son wants the property and want to sell it? If it does go to probate if any liens or judgements are... View More

Anthony M. Avery
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answered on Oct 4, 2023

If there is sufficient equity in the property, then any tenant in common can file a Petition for a Sale For Partition.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My boyfriend's mom & dad left their house to him when they died but didn't have a will. No one will comply.

Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More

Anthony M. Avery
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answered on Oct 4, 2023

Hire a competent lawyer to draft, execute and record an Affidavit of Heirship as the source of title. But all tenants in common can remove you from possession.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: I am the Executor of my ex. Our daughters abandoned the family home. Can I take it back over. I lived there until he pas

I am Executor, but our daughters locked me out. Now the house is 2 years behind on taxes and they left it. I found a Vacant sign that was placed on the door. I didn't file because I couldn't afford it but the girls knew what the Will said, we all signed it. They left dogs in there and... View More

Nina Whitehurst
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answered on Oct 3, 2023

Your question cannot be answered without reviewing the will and other facts and circumstances such as whether the estate is solvent without the house. You should schedule a consultation with a probate attorney.

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Affidavit Of Inheritance Papers notarized

Mother passed without a will in TN and left two vehicles in her name. My siblings would like fill out a Affidavit Of Inheritance form without going to probate court. Problem is both of them live in different countries and do not get along with each other. Since we all came to an agreement can I use... View More

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answered on Aug 22, 2023

There is no requirement that one notary public notarize all signatures. However, there is not enough room on the form for more than one notarial affidavit, so one notary public would have to use the notarial affidavit on the form and the other would have to attach a separate notarial affidavit.

1 Answer | Asked in Estate Planning, Gov & Administrative Law, Real Estate Law and Tax Law for Tennessee on
Q: I have a estate questions in the state of Tennesse

Owner of properties deceased 10 years no probate. No immediate family. Unmarried partner of 40;years lives and pays taxes on all property and upkeep . Is she entitled to property transfer in her name?

Nina Whitehurst
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answered on Aug 14, 2023

She might be, yes, but there are facts missing from your description that could make a difference. Plus, it is not automatic. She would have to go to court to prove her claim. She should schedule a consultation with a real estate litigation attorney.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Will is with probate Judge (I think) How do I know for sure ? My sister is executor and says will with judge . Ok.. so

In the will a sister is willed the contents of our Moms house . 4sibs. 3sibs split the sale of house .

Will still with judge.

Sister who gets contents is time sensitive as to when she can come collect "her inheritance,." She has to go back to work. And she won't be as... View More

Anthony M. Avery
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answered on Jul 28, 2023

If the Will is filed for Probate then it is in the Court's file, so check with the Court. If there are sufficient assets involved, you will want to hire an attorney to represent you. Also go to any Court hearings, and ask the Clerk when they are.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Will cleared probate . House to be appraised and sold. Split btwn 3kids. Does the executor have final say in sellinPrice

If it appraises for say 300,000 and some of the kids think can get more money , can executor overide and make unison decision in selling price . Or do we all hafta agree .. Ty

Anthony M. Avery
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answered on Jul 27, 2023

Executor of Will has exclusive authority to sell the real property if it is a Probate asset. If not, then heirs at law own the real property. There may be other reasons to possibly file a Motion To Remove

the Fiduciary For Cause. You need to hire an attorney to look into it.

1 Answer | Asked in Estate Planning for Tennessee on
Q: So my boyfriend passed away and the house we shared is in his name only,he has no will. How long can I stay?

His family is only giving me 6 days to vacate .....

Anthony M. Avery
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answered on Jul 18, 2023

The tenants in common will have to file a Detainer Warrant at Sessions Court to remove you. It must be served or posted. You appear in Court, Judgment for Possession issues, and after 10 days if not out, the Sheriff may remove you.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Tn is State. Thought all wills had to go thru probate unless under 25000$ ? Isn't the signing ,dating , 2 witness and

Notary ENUF for a decision to grant the will?. Do you have to have an AFFADIVID attached to will and yo signature, 2witnesses,and notary saying that you are the people signing the will? (Self proved ?) Why?

Anthony M. Avery
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answered on Jul 13, 2023

Will must be witnessed by two disinterested witnesses. The Attestation is just to make it easier to file Probate but not required. If a Will is not filed for Probate, it has no effect regardless of asset value.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Mom died in 2011 w/o a will I'm the only child. House is paid for in ms. What do I need to do to get it in my name?

I have continued paying the taxes on this property.i want to sell it

Anthony M. Avery
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answered on May 30, 2023

Hire a MS attorney to search the title, determine heirship, and draft/execute an Affidavit of Heirship to record a s a source of title. This is probably all you can do to make your ownership of record, unless there is a title problem that needs to be cured or litigated.

1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: Can I sue the estate of someone who molested me and was convicted. This was almost 25 years ago. He just recently passed

My mother and aunt were in charge of his estate I'm guessing. I have had zero contact since the day I testified. I have always wanted to sue him but was afraid to see him. Now that he is gone, can I sue the estate? Conviction happened in Tennessee. He was a resident and passed in Mississippi.

Anthony M. Avery
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answered on May 26, 2023

Looks like he died a MS resident. You might check in County of death as to whether there is a Probate or not. If so, then consult with a MS attorney about possibly filing a claim. But any suit for damages would have to be in TN where attack occurred, and your SOL ran a long time ago.

1 Answer | Asked in Estate Planning for Tennessee on
Q: my husband just lost his stepdad the will there are 2 items I am curious about

the items are the Primary disposition of estate and the alternate disposition of estate. My mother in law is the only one listed in the primary disposition of estate. My husband , his stepbrother and sister are listed in the alternate disposition of estate. I guess my guess is can she sell the... View More

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answered on May 24, 2023

Is the Will being Probated? If not, it has no effect and StepDad's Heirs and Next Of Kin take (not Husband). From your description, it appears Mother In Law gets all property, as I assume she is alive.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Rights, Energy, Oil and Gas and Probate for Tennessee on
Q: The electric company will not turn on service. I showed them a will. The house goes to us 3 daughters.

I am one but they will not turn on service even through I'm on oxygen at night. The excudar is my one sister that is still alive. They want her to sign a document saying whe is the owner and I am a tenant. She refused to sign anything. I am in the process of doing the title transfer but in the... View More

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answered on May 17, 2023

If the will is not probated it has no effect, including sister not being an executor. If no will then you might be an heir, so a recorded Affidavit of Heirship might help (both as a source of title and to get the power in your name). Hire an attorney to determine heirship and draft an... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: What is the difference between the “establishment date” and the “execution date” on a revocable living trust?

We are trying to get a saving account name changed at a national bank. We gave them a copy of our legal, notarized living trust and they indicated that the “establishment date” and the date the trust was “executed” needed to be the same date. This is the first time this has ever occurred... View More

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answered on May 11, 2023

That is the Bank's own rules. You will need to find another Bank as you will not want to settle the Trust and reexecute another one just for this one account.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: Grandmother passed, no will, little assets. Home is still owed on. It's been 30 days

and no one has filled for probate. With little amount of stuff, will this even go to probate? Can the house be transfered to son with a balance still owed?

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answered on Mar 27, 2023

If no Will probated, home is owned by heirs as tenants in common, subject to Deed of Trust. But if Note is not paid, foreclosure will occur. After 45 days from death, a

Small Estate Affidavit could be filed if personal property under $ 50K. If Probate is not needed, then do not file....
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1 Answer | Asked in Estate Planning for Tennessee on
Q: In order to take advantage of a deceased spouses unified credit by using a credit shelter trust, does the credit….

Shelter trust have to be created prior to the first spouses death?

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answered on Feb 21, 2023

Usually (but not always) the credit shelter trust is created soon after the death of the first spouse to die, BUT there must already be a trust or will that provides for its creation.

2 Answers | Asked in Estate Planning for Tennessee on
Q: If there were two irrevocable wills issued does the first irrevocable will and beneficiary prevail? Tennessee.
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answered on Feb 3, 2023

It is very rare (but not impossible) for a will to be irrevocable. For that reason alone you should have both wills reviewed by a probate attorney for definitive advice.

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1 Answer | Asked in Estate Planning, Divorce and Real Estate Law for Tennessee on
Q: Mother bought house when her husband was in nursing home rehab. She paid cash from inheritance money.

This is the house she and her husband live in. Can she sell the house, he is not on the deed. This is in Tennessee

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.

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