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Tennessee Probate Questions & Answers
1 Answer | Asked in Probate for Tennessee on
Q: how long does executor have to submit will to probate in tennessee?

it has been 40 days since the person had died and i know mention in the will but the person is keeping quite and won’t show the will

Anthony M. Avery
Anthony M. Avery answered on Feb 14, 2020

There is no law requiring Probate, Testate or Intestate. It may not be practical to Probate the Estate , as it is a lengthy expensive process, and there may not be enough assets available. There are a lot of factors to consider, and in your case, are you an Heir At Law/ Next Of Kin? I... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Vacant land to be sold before other asset distribution?

My wife's father died (no spouse) in Tennessee with a will which states everything is is to be split between six siblings. Her sister is executor of the estate and the will has been probated. The four month waiting period has passed. A parcel of vacant property is included with the inheritance... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 10, 2020

More than likely yes as most Probate Judges will not order asset distribution without all claims paid. And 4 months is just the start, creditors actually have a year from death of the decedent to file claims usuually. Thus it is hard to properly close an estate earlier than 16 months or so.... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: What papers do I file when one heir is living in home rent free and won’t move out or sell? Will in probate years

Co-executors can not agree on a price to sell the home and one is living rent free for many years and wants to keep the home. There are 4 people involved two get 1/3 and two get 1/6 of the home and the rest of the estate. The will has been in probate for over two years. I want to fill a petition so... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 6, 2020

Either a co-executor or a tenant in common can file an action for a partition sale. The home may or may not be in probate. You need a competent attorney to do this. The personal property assets are probably lost at this point. But a good attorney should be able to force a sale.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Is it legal in a civil case for a judge to rule against you if you are physically unable to be at set court date?

My grandma left me part of her estate when she passed away. She Appointed one of my cousins as Trustee of her estate. I went to jail for a period of 4 months. While in there I was served with papers accusing me of damages to the house that I did not do and a court date was set. I was physically... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

You might file a Rule 60 Motion now within 1 year of the Judgment. You need to be very convincing of your legal disabilities at the time. But even if you are in jail, you need to file papers (including handwritten in pencil) with the Court. Default Judgments are often set aside. You should... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: In TN do you have to file a motion to sell a home in probate?

I am a co-executor of an estate and was wondering about due process. It was my understanding that a motion to sell the home was supposed to be filed with the court and the realtor was supposed to submit comps to be approved by the judge. The house has a buyer, so is this process necessary?

Anthony M. Avery
Anthony M. Avery answered on Feb 1, 2020

You need to hire a competent attorney. Real Property usually does not have anything to do with Probate, unless there is a Will Devising the disposal of such, or the Estate is Insolvent. Many title companies want Probate to ensure that no debts remain against the Estate, but it is not a legal... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother has dementia and my sister is her POA. My father recently passed and my mother is executrix..

The will states if my mother passed things go on to be split between my sister and I does this make my sister executrix or would that be us

Anthony M. Avery
Anthony M. Avery answered on Jan 15, 2020

The sister is not the executrix here. If there is an actual Probate, then the substitute executrix takes charge, or the Court will appoint someone. If no Probate, then that Will has no effect. Your problem is that your

sister is now in control of both Parents' property due to intestate...
Read more »

1 Answer | Asked in Probate for Tennessee on
Q: How long do you have to finish probating an estate in Tennessee?
Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

There is no deadline. Some probates (not necessarily in Tennessee) have been known to go for fifty years or more. Most probates take about 12-18 months.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother passed away in Tenn and she was not married and I'm the only child and no will. Bank account money.
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 9, 2020

There is a "small estate" procedure which you may qualify for- depending on the amount of money in the Bank account. No personal property? No vehicle?

There is also a statute which allows banks to release up to $15,000 after 30 days of the date of death to the next of kin. You will need the...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Probate for Tennessee on
Q: I was pulled over in my deceased uncles car. They found a gun and drugs. wasn't charged for gun can they keep it

The car and the gun was in my uncles name, the drugs wasn't mine. The cops let my friend take car. I was told I could get my gun when I got out of jail. Then when I went up there they wouldn't let me have it. Im fighting the drug charges. Im not being charged with a felony. Since the gun is my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2020

Felony charges might occur at Grand Jury. If there is a Probate, Administrator should ask Court for return of firearm. But it is probably not worth the trouble, and may again result in more charges. Hire a competent attorney, but you being in possession of drugs and firearm are themselves... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: How long after a parent dies do you have before you have to go to probate if there is no will ?

She had 3 daughters , she left a house she had not change over it is still in her name and a car in her name . And the contents of the house .

Nina Whitehurst
Nina Whitehurst answered on Dec 29, 2019

Eventually you are going to want or need to sell or refinance or insure the house and/or the car and you won't be able to do so until the titles are updated into the names of living persons. The purpose of probate is to update the titles. The deadline is more of a practical one, when you need to... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Can tenncare take a home not included in probate and put in someone elses name 7 months before death?

My aunt was in a nursing home for the past 2 years. Last March (7 months ago), she had her house put in my mothers name (her sister). My aunt passed away a couple of weeks ago. From what I understand since the house was given to my mother it will not be included in probate. But is it possible for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 26, 2019

It may be possible that TennCare takes it. Your Aunt should have hired a competent attorney. But do not Probate anything, hire a competent attorney to conduct a title search, and your Mother needs to conduct herself as the owner.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My grandpa died without a will and even though he and my grandma are legally divorced they have been living together f

For over 25 years.... My grandma use to be on the deed to the house is she still? And is it still her house?

Bennett James Wills
Bennett James Wills answered on Dec 2, 2019

You'll have to look at the deed to determine who owns the house. If they are divorced and she's not a title holder than the house would pass to the next eligible heir by statute. Consult a local attorney to determine what options, if any, you may have.

1 Answer | Asked in Probate for Tennessee on
Q: In a TN Probate my wife and her family got a home. 5 of 7 people voted to sell it to us. Does majority vote count?

Does everyone have to agree? They told us if one person votes no, then we can’t buy it until auction.

Nina Whitehurst
Nina Whitehurst answered on Nov 28, 2019

Unless they already have a co-tenancy agreement in place that allows for majority rule, no, majority rule does not work. All must agree to sell.

It is highly unlikely that they already have a co-tenancy agreement in place. If they did, it most likely would have been prepared by an...
Read more »

1 Answer | Asked in Probate for Tennessee on
Q: If parent dies intestate, surving spouse sells home during probate, are children entitled to a portion of proceeds?

Children were minors at time of death, but now adults. There are no creditors. The home was never put into probate. Children are both parent's children.

Anthony M. Avery
Anthony M. Avery answered on Nov 21, 2019

More than likely the home was owned as Tenants By The Entirety, where the survivor takes the fee. So the surviving spouse had individual title, and the issue nothing. Home would have never been in probate estate since no insolvency. If title was not in the husband and wife, then there may be a... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Someone has been made administrator of estate for probate. Family living in home but as far as we know there is no

rental or lease agreement. How do you go about getting them evicted so property can be secured? How much time is given to the individuals to move out once served with eviction notice?

Anthony M. Avery
Anthony M. Avery answered on Nov 14, 2019

Either the Administrator or the actual Heirs at Law need to file a Detainer Warrant immediately. Hire a competent attorney to get it going. The Detainer must be filed, served or posted, a Judgment for Conviction procured, and if the occupants are still there 10 days after the Judgment, a Writ of... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My daughter was made administrator for probate. People live in house but she needs to secure. How does she go about

getting eviction notice done and served? How much time is given to the family to evict?

Nina Whitehurst
Nina Whitehurst answered on Nov 14, 2019

Your daughter should engage a landlord-tenant eviction attorney to help her carry out the process of eviction legally. The amount of notice that must be given to the existing tenants depends on the duration of the lease.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My parents died with no will. Is my dead brother’s wife (No children) entitled to a portion of their estate?
Nina Whitehurst
Nina Whitehurst answered on Oct 31, 2019

No, assuming your brother predeceased your parents. The laws of intestate succession in Tennessee only take into account blood relatives.

If your brother survived your parents but died before their estate was fully administered, then there is a chance his wife would inherit his share.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Tennessee on
Q: In 2002 I quit claimed house to my daughter at the time was 5 yrs old no one at tilt company ask me her age or martial

I had life estate along with wife on property in divorce the judge ignored the life estate on me

Anthony M. Avery
Anthony M. Avery answered on Oct 28, 2019

What is your question? It appears that you lost the Divorce, and your only alternative is to file a timely Appeal. There was nothing wrong with the Deed as you describe it. And I would presume the Daughter has the Remainder still subject to the Wife's Life Estate.

1 Answer | Asked in Criminal Law and Probate for Tennessee on
Q: Unsupervised Probation Violation by Probation office.

I was put on probation for 2 counts of Sexual Battery, during my probation period I was able obtain unsupervised probation. There was one probation officer that did not like me and was always trying violation me. While on unsupervised few months into my my probation was to end. She was able to... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Oct 27, 2019

I think that you need to obtain a local attorney to investigate the matter. It is difficult to know all the facts online.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Would a probate be necessary for an heiress if her deceased father has only a $3000 vehicle in his name, no real estate,

No debt, only personal items. My husband has a bill of sale for a vehicle he bought from his best friend. His friend is elderly and has since passed away before he was able to locate and sign the title. My husband took possession of the vehicle after his friend's passing as he had paid the sale... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 25, 2019

No probate possible with no assets. Let daughter try to file suit or probate it, where you would make a claim against the Estate. Title may be difficult, but a lost title application may suffice. You are far too worried about this.

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