Tennessee Probate Questions & Answers

Q: In the state of Tennessee do you need a disclosure statement form or HUD with an assignment for deed?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Tennessee on
Answered on Jan 14, 2019
Anthony Marvin Avery's answer
There is no disclosure requirement for selling and assigning a Deed of Trust. And I assume you are trying to sell a Note secured by a Deed of Trust. You cannot assign a Deed, ever. If the prospective Note buyer wants one, you will have to give them something to get their business. But you probably need to sell your Deed of Trust and Note to someone else.

Q: my mother designated her estate as the beneficiary of her insurance policies. Do I have to file for probate?

1 Answer | Asked in Probate for Tennessee on
Answered on Jan 3, 2019
Leonard Robert Grefseng's answer
Yes, I expect that in order to collect the death benefit from the life insurance companies, those companies will require "letters of administration" and that means submitting the will for probate. I know incurring the expense of probate does not make much sense in your particular situations, but those big life insurance companies have their rules and in y experience, they are not flexible.

Q: mother died and bother never read the will or had it probated is that legal

1 Answer | Asked in Probate for Tennessee on
Answered on Jan 2, 2019
Anthony Marvin Avery's answer
If the will is not filed for Probate then there is no will. The laws of Intestate Succession will then control on who owns both real and personal property. Most Tennessee citizens die with no will probated.

Hire a competent attorney to determine who owns what, and file for an Administration before the Probate Court for Dekalb County if necessary.

Q: My mother recently died. Her will list both me and my brother as sole beneficiaries.My brother also passed. Is his son

2 Answers | Asked in Probate for Tennessee on
Answered on Jan 1, 2019
Anthony Marvin Avery's answer
In most circumstances, the Deceased Brother's Issue take his share by representation. Even if the Will is not Probated, the Issue will still take just as much as you will. Anti-Lapse and Intestate Succession Statutes control the distribution of your Mother's properties.

Q: My mother passed away unexpectedly. My stepfather says she never signed the will.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 24, 2018
Leonard Robert Grefseng's answer
Under Tennessee law, if a person dies with out a will, their property ( both real and personal) is inheirited by the surviving spouse ( if any ) AND the children of the deceased. Check the your local courthouse ( the county where your mother lived at the time of her death) to see if any formal papers have been filed to administer her estate. Consult a local probate lawyer for advice on your specific situation.

Q: Can I use the letter of admin to sell my dad’s home and land? We filed probate already!

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 17, 2018
Anthony Marvin Avery's answer
Why did you file for Probate? I suspect you attracted problems by doing so, and probably had no reason to file. If the Title Company does not wish to handle the transaction, then find another purchaser. You needed a Title Search, Affidavit of Heirship and then a willing purchaser. But that was without Probate. Now you may very well have brought enough debt collectors notice so that the real property may have to be put up for sale in order to pay off the Estate. There may have been a...

Q: As Executor of my dad's will do I have the right right to receipts, statements, notifications of goings on?

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 11, 2018
Anthony Marvin Avery's answer
Unless there is a Will filed for Probate, then there is no Will and no Executor. Apparently you have not filed the Will for Probate. There may be an Administration going on. Hire a competent attorney to find out if there is a Probate Action, and decide if you need to Probate the Will or take other actions to obtain your rightful properties as an Heir and Next of Kin.

Q: Before my father died his brother wont let me have his property.there's no will

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 11, 2018
Anthony Marvin Avery's answer
You probably need a Title Search and file an Affidavit of Heirship/Next of Kin. That will be your source of title, then sue the Uncle in General Sessions for an Action To Recover Personal Property, along with a Detainer Warrant.

Q: My dad passed away before he died he told me he filled his title to his truck out and placed me on it now his wife won't

1 Answer | Asked in Probate for Tennessee on
Answered on Dec 4, 2018
Leonard Robert Grefseng's answer
Go to your local county clerk's office and try to apply for a "lost title."

As to the "hidden" truck, there is no easy answer- it has to be somewhere so you may have to do some detective work ( checking her relatives, friends, etc- anybody who may have given her permission to park the vehicle on their property). The most expensive way is to file a lawsuit to recover the property and ask her in court where the title certificate and vehicle are located.

Q: My brother died without a will. He has seven children who are heirs to his estate. One of them, a daughter, is mentally

1 Answer | Asked in Family Law and Probate for Tennessee on
Answered on Nov 26, 2018
Leonard Robert Grefseng's answer
There is still a process for the administration of the estate when the deceased does not have a will. If the disabled child is an adult ( over age 18) it sounds like some relative would have to come forward and serve as her "conservator." As the court approved conservator, this person would have the legal authority to sign and make decisions for the disabled child. Under Tennessee law, the children and surviving spouse, (if any) of the deceased are the heirs entitled to inherit whatever assets...

Q: mom passed away in August of this year can we sale her house to sister without probate no Will n house not paid off ?

1 Answer | Asked in Probate for Tennessee on
Answered on Nov 20, 2018
Anthony Marvin Avery's answer
You need to hire a competent attorney. A Title Search and Affidavit of Heirship are in order. Then try hard to get a payoff figure on the Debt through the end of a certain month where the Sister will close on the Purchase. The Affidavit is your source of Title which is placed in your Derivation Clause in the Deed from you two to your Sister. The attorney takes the Purchase Money and pays off the Debt, receiving a Release which is recorded, at your Sister's leisure. You two execute a Deed...

Q: I have copy of a elderly gentlemans will, who my mother in law and I took care of for past 15+ years. He was 88.

2 Answers | Asked in Probate for Tennessee on
Answered on Oct 19, 2018
Leonard Robert Grefseng's answer
You must submit the will for probate in order to confirm his desire to make you the recipients of his estate. Contrary to much misinformation which is popular for those individuals selling living trusts, etc, for most estates, the probate process is simple and inexpensive. Consult an experienced probate lawyer ( and shop around, talk to more than one) for the specifics of your situations.

Q: My Father passed leaving a Will that left 100% of everything to me an only child. My Uncle filed a claim of $56,600.

2 Answers | Asked in Probate for Tennessee on
Answered on Oct 17, 2018
Anthony Marvin Avery's answer
You will need to file an Exception to his Claim at Probate Court. You probably will defend that there was no contract for his services. Also in this case, he was paid for everything he did already. It was obvious that he would file such a Claim when he called you. So why did you Probate the Will? You were his only Next-Of-Kin and Heir-At-Law and would take everything. Now you will have to try his Claim. You should have talked to a competent attorney prior to Probate where you were asking...

Q: I'm going through probate court and would like to see what my late father had in his account, do I need a lawyer?

1 Answer | Asked in Probate for Tennessee on
Answered on Oct 12, 2018
Anthony Marvin Avery's answer
I thought you said you were going through Probate? Apparently someone else filed for Probate and is either the Administrator or Executor. Only the person with Letters Testamentary or Administration has the authority to look at the Deceased's Financial Records unless someone else was on the Signature Card. There may have been an Inventory filed at Court and you will want to check on that. Also the Deceased's Account is usually emptied and the Personal Representative takes control of those...

Q: My father created a will. A year later he was married. In Tennessee, is a will valid after marriage?

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Answered on Sep 28, 2018
Leonard Robert Grefseng's answer
Most likely - yes. Depending on the length of time they were married, a surviving spouse has certain rights to inherit ( elective share, years support, exempt Property) and a full discussion of those rights is beyond the scope of this question -answer format. You should consult an experienced family law attorney to guide you through the probate process.

Q: My father died last year. My mother is about to die. She has maybe $10,000 in the bank and her land and home are worth

1 Answer | Asked in Probate for Tennessee on
Answered on Sep 25, 2018
Anthony Marvin Avery's answer
Probate is not required, but you may want to. Hire a competent attorney in Tennessee now, and not necessarily in the County of Death. There may be some complications from your Father's Death. The cash probably will not go through the Estate and the land probably goes to the Heirs-At-Law at Mother's Death, whoever they are. An Affidavit of Heirship may be necessary.

Q: My dad passed and as far as I know the lady that claimed he named her poa cannot produce the documentation now funeral

2 Answers | Asked in Family Law and Probate for Tennessee on
Answered on Sep 25, 2018
Leonard Robert Grefseng's answer
Your question isn't clear. However, the authority granted by a power of attorney dies as the same moment the individual dies- there is no authority to act as an attorney in fact AFTER the principal dies. If there is a will, the power to administer the estate belongs to the person named as executor. If there is no will, the closest kin has the right ( but not the obligation ) to serve as an administrator.

Q: If my mom co-signed on a mortgage for her granddaughter and she passes, could the mortgage company get her house?

1 Answer | Asked in Contracts, Real Estate Law, Estate Planning and Probate for Tennessee on
Answered on Sep 20, 2018
Anthony Marvin Avery's answer
If she signed the Note, then she is jointly and severally liable for the loan, and you cannot remove her contractual obligation. Her dying is not a Default on the Note, but nonpayment and other requirements are. If the Note goes in Default the Lender will probably sue Granddaughter and the Mother or her Estate. If she dies, Probate is not a good option. The Lender would probably foreclose on the encumbered real property, and then they may or may not sue upon the Note Deficiency , if there...

Q: Can I put a claim against real estate that was sold after my father's death when he had NO Will?

1 Answer | Asked in Probate for Tennessee on
Answered on Sep 15, 2018
Anthony Marvin Avery's answer
If Father owned the home, then Wife owns 1/3 and each Child owns 2/9. The Sister cannot sell anything except what she owns. You can easily contact the realtor or prospective purchaser and so inform them. Also you can file suit for Partition. But your Mother individually may own the home, and she could then convey it. Hire a competent attorney to conduct a title search and represent you. If all owners did not sign Contract to sell, then it is not enforceable.

Q: If death certificate has wrong date of birth in Tennessee, is will in effect? Or does attorney have to have amended cer

1 Answer | Asked in Probate for Tennessee on
Answered on Sep 14, 2018
Anthony Marvin Avery's answer
You can ask the Health Department to amend the Death Certificate. You will probably need a Birth Certificate. The Probate can be filed with the original Certificate, and is irrelevant to the Will's validity. You may wish to file for an Intestate Administration of your Father's Estate, or it may be better to avoid Probate. Contact a competent attorney soon, possibly in the County of death.

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