Lawyers, Answer Questions  & Get Points Log In
Tennessee Probate Questions & Answers
1 Answer | Asked in Banking and Probate for Tennessee on
Q: Small Estate Affidavit

My father died 5 months ago and my mother is being told by her bank that she must file a small estate affidavit with the court before they will give her a "gold seal" that she needs to receive earnings from some stock my father owned. She has received conflicting stories from every... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2021

The assets that are counted for determining whether the estate is under the small estate affidavit limit would NOT include the "jointly" owned house or vehicle, but there is a process that needs to take place to get those retitled.

The personal property and bank accounts of the...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Probate for Tennessee on
Q: we are needing to do appeal on a probate judgment which happen 2 weeks ago.

We were being sued by my sister which she thought we stole money from my mother when she lived with us. this is not true. we browed money and mom knew about and came up with agreement which this paperwork was not admit in because we did not have anything with us because we did not know at the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2021

If within 30 days of entry of the Judgment, you might file a Rule 59 Motion To Alter or Amend with the Probate Court. Later you might consider an appeal, but first you want the trial court to hear that you actually borrowed money and were paying it back. Hire a competent attorney as you need a... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My father just passed away, he has 3 daughters. I am the oldest and one is underage. He also had a girlfriend living

With him at time of death. Can’t locate a Will. His girlfriend is making it seem like she doesn’t want me to look through anything or take anything. What rights do I have and she have? She still at his house.

Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2021

Absent a will that leaves things to her, your dad's girlfriend has no rights. You need to hire a probate attorney right away to get a probate case started in order to transfer assets to your dad's heirs, his children. The court-appointed executor may also need to hire an eviction... Read more »

2 Answers | Asked in Probate for Tennessee on
Q: My mother died 6 years ago leaving me her house. Is there a way to get the deed in my name before the probate complete.

My sister lived in the house here in TN but has since moved to FL. Me and my husband want to renovate it and move in. We need the deed in my name to get the loan for renovations. We were told probate will take up to a year even though my siblings will not contest the will.

Anthony M. Avery
Anthony M. Avery answered on Sep 7, 2021

What is the question? If the proposed Will is your potential source of title, then that is what you must Probate to get title irregardless how long the process. Be aware there may be Claims and someone has to pay taxes and insurance. And it is usually at least 15 months if a simple Probate.... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Can I be evicted by detainer warrent from a exclused daughter from an estate that I am the only beneficiary?

I have lived here for over 3 years. The man signed a contract for me to register deed upon his death in lieu of work performed on call 24hra/7days a week. He wrote a will 3 years ago to prove his intent and disinhereted his only adult child. I am executor and beneficary. He has no one that visits.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 6, 2021

The daughter is apparently taking the position that there was no will and so she is the sole heir and title vests in the heir(s) automatically at death and, therefore, according to her reasoning, she has the right to evict you. You need to take the will to a probate attorney and open a probate and... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My mom died from covid in tennessee. her will wasnt finalized. I have a stepfather and there two of us not by him.

I'm just wondering what rights I have as her daughter

Nina Whitehurst
Nina Whitehurst answered on Sep 5, 2021

It sounds like your mom died leaving a surviving spouse and two children born to her. If there were no other children born to her, living or deceased, and she had no will, then you, your sibling and her surviving spouse each inherit one-third of her probate estate. Keep in mind that some assets... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Probate question about property left after my aubt died

I have been back in Tennesse for 15 years living still today at the same residence, my aunts property. She has always told me and others that if not all half of the property was mine. Well deed was in the sister name. Am I able to still get my half.?

Anthony M. Avery
Anthony M. Avery answered on Sep 1, 2021

A title search might disclose another owner besides or in addition to the Sister. If Sisters', have you been paying taxes? If so it may be difficult for the Sister to eject you. Detainer Warrant SOL is 3 years, and adverse possession may exist after 7 years. If you want to stay there,... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: I am the executor of my mom's estate in TN. We have been in probate for 18 mos and there will be several more to go.

My brother and I are the only heirs per the will. The house will have to be sold per judge. I have recently married and want to change my name. Will this muddle up things legally?

Anthony M. Avery
Anthony M. Avery answered on Aug 26, 2021

It should not be a problem. As the executor you write the beneficiary and estate claim checks. It would be easier to keep using your name given on the Letters Testamentary, but if there is a problem you should be able to handle it. Keep the Court and Bank informed, and carry a copy of your... Read more »

1 Answer | Asked in Probate and Tax Law for Tennessee on
Q: can tn collect a business tax after probate has closed
Anthony M. Avery
Anthony M. Avery answered on Aug 12, 2021

Unfortunately TN SC has ruled a tax is not a claim against the Estate. The SOL may have run on collection of taxes, or there not be property of the deceased taxpayer to collect from. Hire a competent attorney to assess the situation since apparently you do not have an attorney handling the... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My father died, with no spouse, 5 adult heirs, and no will. There is real property.

The PR is an heir. Some heirs want to sell the real property for debts others don’t. The PR does not want to sell and has said the property will not be sold. Can the the PR prevent or stop the property from being sold if there is not enough money to pay the debts? How do you have a PR removed?

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Hire a competent attorney to file an Action for a Partition Sale. But this may not be possible until the Probate is over due to possibility of an Insolvent Estate. The Heirs own the property at the decedent's death, but title may not be merchantable for awhile. The Partition Suit can... Read more »

2 Answers | Asked in Probate for Tennessee on
Q: Mother gets third of assets when her mother dies. She dies first. Does her part go to her executor?
Nina Whitehurst
Nina Whitehurst answered on Jul 26, 2021

Your question is unclear. Does "she" refer to your mother or your grandmother?

Either way, there is no way to answer your question without reviewing the will. Some wills are written such that a beneficiary's share lapses if the beneficiary predeceases the decedent....
Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Dad dies, will deeds property to mom. Stipulates after her death, to be split amongst kids. Mom wants to sell. Can she?

Father passed 16 years ago. His will stated the home is to be left to mother, then following her death, the property is to be split between 4 adult children - 3 father's biological, 1 mother's biological. The deed is in mother's name and she has maintained the property solely.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 20, 2021

It is not possible to answer your question without actually seeing your father's will and also reviewing the probate case, if there was one. It would also be necessary to review a limited chain of title to see how title ended up in your mother's name. You should take all of this... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: The will says the Entire Estate is split equally.Stepmom says I only get half of what the house sells for.Is she right?

Both parents names are on the deed of the house. Mom passed away 10 years ago and dad remarried about 6 years ago. He added my stepmother to the mortgage earlier this year and he just passed a month ago. The will states that his Entire Estate is split equally but she says I only get half of what... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2021

If the Will is filed for Probate, then she is the Executor. She can also take a Spouse's portion electing against the Will which will probably wipe out the Estate. A title search may help or hurt. If no Will in Probate, then the Heirs own the home, you and her, and a Partition suit is... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Can I get money to take care of deceased property before probate is over?

I was her caregiver and am caretaker of house and property and need funds to.pay utilities and maintain the property is it possible to get funds for this purpose?

Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2021

If there is an Estate filed in Probate, then ask the Administrator or Executor to pay the same. Is no Probate, then no, it would be a gift and any reimbursement from the Estate, etc. is doubtful. It is possible the Heirs own the property, and those are the people that should pay for such... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: do you have to go through probate in TN when there's a will?

mother had a will leaving everything to my husband and his sister who died 30 yrs ago with no heirs of her own. there is a house and 2 small lots in Arizona, plus an older minivan, checking account and savings account. we gathered death certificates for his dad, sister, and mom and tried to file... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 28, 2021

Yes, probate is how wills are administered. That said, a whole lot more information is needed to determine exactly which probate process(es) is/are needed and in which state(s). If the decedent had real property in multiple states, for example, you might need a probate attorney in each state.

1 Answer | Asked in Probate for Tennessee on
Q: This question is about TN probate ....will waiting a year before filling for probate stop debit collectors
Nina Whitehurst
Nina Whitehurst answered on Jun 14, 2021

Yes and no. Waiting a year will have minimal to no impact on secured creditors. They can always foreclose on their collateral even after a year has passed from date of death.

Also, the one year statute of limitations does not apply to Tenncare and most other government...
Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Tenn. Non-Resident Executor requirements?

I live in FL. My father is moving from FL to TN. I know upon his death I must file the form to name the Sec of State to receive legal notices. My question is about "CO-Executor".

1. Can I name this Co-Executor AFTER my father passes or is it required to be named in the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 10, 2021

There is no requirement for a Co-Executor in Tennessee. A non-resident may serve solo as Executor as long as he or she, as you are already aware, designates the Secretary of State to receive legal notices.

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Tennessee on
Q: shut out of property that is co-owned, under joint tenants with right of survivorship fall under unlawful ouster law

after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each... Read more »

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Can a will be changed after the grantor has deceased if the overseer's is granted power of attorney ?
Nina Whitehurst
Nina Whitehurst answered on May 3, 2021

A will cannot be changed after the testator passes. And, in any event, powers of attorney automatically expire/terminate at death.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father has a living will and it states then his girlfriend is the executor over the will.

My father's will states that his girlfriend and her grandson can continue living in the home after his death. It also states that the house is left 50% to me and 50% to his girlfriends grandson. I live in the state of Tennessee it is start anything I can do after his death and contest it and... Read more »

Frank J. Steiner
Frank J. Steiner answered on Apr 26, 2021

File a muniment of title with the will. Change title and eject the girlfriend. The will control over anything told to the girlfriend.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.