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Tennessee Probate Questions & Answers
1 Answer | Asked in Probate and Estate Planning for Tennessee on
Q: If I am the sole beneficiary of a will and also the executor of the estate can I use the funds before probate ends?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 26, 2023

I do not recommend you use any assets that are subject to Probate Jurisdiction until the Estate is closed and the funds are properly distributed to you. Otherwise it would be a breach of fiduciary duty, or there might be a late filed Estate Claim, another Will filed, etc.

1 Answer | Asked in Probate for Tennessee on
Q: Can lies change a Judge's mind? How many?

A Judge is in favor of granting a decision for a plaintiff/defendant. If a party can prove that the adverse party has lied under oath multiple times could that change a Judge's mind? If it can change a Judge's mind how many lies should be provided to the Judge in order to do so?

Anthony M. Avery
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Anthony M. Avery
answered on Jan 23, 2023

Credibility of a witness may always be challenged, but that does not mean the other side wins. Hire an attorney to represent you. In Probate Court there sometimes are no actual hearings. Motions and other pleadings must be filed to even raise issues before the Court.

1 Answer | Asked in Probate for Tennessee on
Q: My fiancé passed, no will, we own a home but only he was on the loan, both on the deed. Do I have to go thru probate?

He had no will, but I was beneficiary to life and 401k and deed on house is specific. At the time of passing his father was still alive and his sister was trying to contest everything. She told me she was requesting executorship of estate through probate court. Since we were not married, I had no... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 16, 2023

Your Deed is very important but you have not stated what the granting clause is, that is who owns it. You might own 1/2 , a fee or nothing. If you own an interest, a Partition Action might really work for you in Chancery Court. You probably had no interest in the other assets.

1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: What do I do about my husband's death without a will in TN?

What is probate and is it required in TN?

Nina Whitehurst
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Nina Whitehurst
answered on Jan 16, 2023

If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... Read more »

1 Answer | Asked in Probate and Real Estate Law for Tennessee on
Q: Mother bought a house with her husband, she passed in 2022, will his son get the house or am I entitled to mothers 50% ?

Husband is not my father, he has moved his son and wife in, and I think he’s priming the situation, to give his son the property at his death, as he is not as responsible as myself.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 10, 2023

It depends on the Title. If she bought it as tenants by the entirety, then surviving spouse owns the fee. If she owned individually, you might own one half as an Heir unless she devised it elsewhere. Hire a TN attorney to search the Title.

1 Answer | Asked in Probate for Tennessee on
Q: Law on estate in probate and sibling has taken quite a bit from home like family pictures and furniture which has sold?

She has taken all family pictures, mowers, dads truck . What is law now that I’m executor to retrieve photos so I can give to other sisters and the items taken day after my mom passed?

Nina Whitehurst
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Nina Whitehurst
answered on Dec 30, 2022

As the court-appointed executor, you have right to demand and receive all items stolen from the estate. You might need to hire an attorney to help you with this if the thief does not voluntarily return them.

1 Answer | Asked in Probate for Tennessee on
Q: My cousin has passed in Tennessee, with no will. 1 uncle and 7 1st cousins are all that remain of the family who inherit

My cousin on my fathers side of the family passed away with no spouse, or children. His parents and grandparents are also deceased. There are no brothers, sisters, nieces, or nephews to this person. According to his family tree he had 1 aunt and 3 uncles on his fathers side with only one surviving.... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Dec 28, 2022

There is not enough information in your recitation of facts to answer your question.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Do you need two witnesses if you have your will notarized?
Nina Whitehurst
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Nina Whitehurst
answered on Dec 18, 2022

Yes you need two witnesses, even if your will is notarized (two witnesses are mandatory, notary is optional but recommended), unless your will is entirely in your own handwriting.

1 Answer | Asked in Probate for Tennessee on
Q: If I have a judgment against me and am going to receive money from a life insurance payout can I open a business account

Not have taken. If not can they take it if my son and I have a business account.

Anthony M. Avery
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Anthony M. Avery
answered on Dec 12, 2022

Life Insurance can be Exempt Property if handled properly. Hire an attorney for specific advice. You may wish to file a Notice Of Exempt Property with the Court.

1 Answer | Asked in Probate for Tennessee on
Q: In probate does income rent of houses have to be put in estate bank account even if rent comes from house you are to

inherit?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 22, 2022

The Court may order it until Probate is closed. But Heirs take at death, not after the Probate is closed. You may move the Court to stop the renting and take possession. But the renter has to have a Detainer filed against him by someone with authority or ownership, unless he leaves... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My dad died and left a will with my sister and myself as co-executors. It is in probate now, but she is to inherit the

home place and I am to inherit vacant land. The probate lawyer insisted that the rent from the vacant land which will be mine to be placed in the estate account. However, my sister is collecting rent from the

house she will received, but she is not depositing any funds into the estate... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Nov 17, 2022

Fire that attorney. Hire another attorney to finish up the probate and file a petition to have your sister removed as co-executor based upon conversion of estate property.

1 Answer | Asked in Probate for Tennessee on
Q: Father died and let my self and my sister as coexecutors he had a will. my sister took it upon herself to rent out his

house to her grandson and spent a lot of money remodeling it for him. She is keeping the rent money for herself. She did not have permission from me to do any of this. is it legal for her to keep the rents for herself and not go into the estate account?

Anthony M. Avery
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Anthony M. Avery
answered on Nov 16, 2022

Ask her for half the money. If she refuses, then file an action for a Sale For Partition. That will get her attention and a possible agreement. She can put others in possession. You could sue in Chancery for contribution, but it would probably not be worth it.

1 Answer | Asked in Probate for Tennessee on
Q: I'm on six years probation and it ends in January and I just got a charge for misdemeanor shoplifting, will i go to jail
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 31, 2022

It is very possible you will serve all or some of the remainder of the sentence, as a violation is violation of probation. Talk to your lawyer and stay out of trouble.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: I inherited property pro ste is over land is in my name can a family member protest court decision and try take half

The land is in my name I pay the taxes probate court is over its been a year I want to sell a piece of the property that is in my name can she get half money even though she didn't didn't want anything to do with it or come forward..they still haven't but I'm just worried about... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 20, 2022

Hire an attorney to search the title and determine heirship. Owners have rights, which include Partition actions. Land usually does not go through Estates, but Probate may have to close prior to clearing title.

1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: My dad passed away and he has a will his wife left town with will we haven’t seen it can we see it with his attorney
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 18, 2022

Without physical possession of a Will it is very difficult to prove its existence. You may wish to start an Intestate Administration, but first consult with a competent attorney to see if Probate is needed. Remember a surviving spouse cannot be disinherited, and is entitled to a large amount of... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: In Tennessee who pays an existing mortgage with a Living Will, the Life tenant or the remaindermen?

My deceased father's WILL listed monies from a home that was sold outside of the current estate to be used for payments but that account was co-owned by my father and I which I was told left me as the owner. I was told I did not have to use those funds to pay the mortgage but I did anyway... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 12, 2022

It sounds like you were joint owner of a bank account, which left you the sole owner at Father's death. So the Will did not include such money even if it had such a clause. The remaindermen takes the real property as they vests in possession, which here is subject to a Deed of Trust. If... Read more »

1 Answer | Asked in Divorce and Probate for Tennessee on
Q: Couple separated for years, divorce underway, wife passes away, living in different states

My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Mom passed with a handwritten but unwitnessed will. I "thought" I had engaged a lawyer. But he does not call me back

It's been 3 months. The main thing I remember him saying is "if there is no will, there is no reason to open a probate". What does that mean? If I engage another lawyer can he bill me?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 27, 2022

You can always hire another attorney but when you do, be sure to let the first attorney know that he has been fired so he does not keep working on your file (assuming he is working on it). As a general rule, attorneys cannot bill for services NOT provided, but there are subtle exceptions. Your... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: IF THERE ARE CERTAIN ITEMS IN A DECEASED PERSONS HOUSE OR ESTATE DOES OWNERSHIP OF THOSE ITEMS GO BACK TO THE PERSON WHO

BOUGHT AND GAVE THOSE ITEMS AS GIFTS, OR DO THOSE ITEMS REMAIN AS PART OF THE ESTATE PROPERTY. MY SISTER AND I ARE BOTH EXEC. AS WELL AS 50 / 50 ON THE ESTATE. SHE THINKS SHE GETS EVERYTHING SHE HAS

EVER BOUGHT AND GIVEN MY PARENTS OVER THE YEARS. SOME OF IT FROM 20 TO 30 YEARS AGO. TO ME... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 7, 2022

Gifts transfer ownership of the gifted item from the giver to the recipient(s). Items your sister gave her parents belong in their estates. They do not automatically go back to her. If she wants those items back, then they would come out of her share of the estate.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I desperately need help with a trust fund lawyer.I need my sister removed as trustee as I am the beneficiary.

My dad's will has specific details on what to do and my sister is not complying with anything. She won't even respond to my text, call's, or email. I need help. I'm going to be homeless if she isn't going to help me.

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2022

A Tennessee attorney could advise best, but there was urgency in your post, which must have gotten overlooked in the "Uncategorized" heading. Repost your question in the Probate and Estate Planning categories, or you could also reach out to attorneys in those categories. There's a... Read more »

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