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Tennessee Probate Questions & Answers
2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Tennessee on
Q: Two surviving children of my father that was married before he passed. Can I pay all unpaid property taxes...cont

In full and be able to obtain the current deed following payment? As well as claiming ownership?

James L. Arrasmith
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answered on Feb 1, 2024

To address the unpaid property taxes and potentially claim ownership of the property as one of the surviving children of your father, you'll need to follow a specific legal process:

Pay Unpaid Property Taxes: You can pay the unpaid property taxes to bring the property current. Make...
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1 Answer | Asked in Tax Law, Estate Planning and Probate for Tennessee on
Q: Two surviving children of my father that was married before he passed. Can I pay all unpaid property taxes...cont

In full and be able to obtain the current deed following payment? As well as claiming ownership?

James L. Arrasmith
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answered on Feb 1, 2024

Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer... View More

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Which law applies in the case a deceased person has no will and owns property in a different state.

Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More

James L. Arrasmith
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answered on Jan 1, 2024

In cases where a deceased person owns property in a state different from where they died, and there is no will, the laws of the state where the property is located typically govern the distribution of that property. In your case, since the property is in Tennessee, Tennessee's intestacy laws... View More

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1 Answer | Asked in Probate and Business Law for Tennessee on
Q: In Tennessee, if a business partner dies, does the heir take over the deceased half of the business? (No will involved)

My father passed in Feb 2023 and I haven't gotten into the business part of my fathers stuff yet bc my mother passed as well this year. I am sole heir to everything in this family. My mother was 1/4 partner as well, but never kept up with the business side of things, the men did. Before she... View More

Anthony M. Avery
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answered on Dec 27, 2023

As administrator you will want to dissolve the Partnership. The assets may not be collectable but you can pursue dissolution. You will need a competent attorney and expect to pay alot. The Partnership interest is personal property and goes to the next of kin which is almost always also the... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Tennessee, a warranty deed in 1997 a bf/gf listed as tenants in common with rights of surv then heirs only 1 signature??

my mother (i was only 11) i was told SHE bought a mobile home and some property, we moved into said home few months later i am woken to her bf whom moved into home with us to call my nanny and tell her my mom is being taken to the er by ambulance but he said to the Fayetteville er not Tullahoma er... View More

James L. Arrasmith
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answered on Dec 26, 2023

In Tennessee, when a property is owned as tenants in common with rights of survivorship, it means that upon the death of one owner, their share typically passes to the surviving owner(s). However, the specific language in your mother's deed stating "tenants in common with rights of... View More

1 Answer | Asked in Contracts, Probate and Small Claims for Tennessee on
Q: If friend dies & has borrowed property, is his mom(sole heir) responsible for returning it or can she lawfully keep it

I paid $300 for an expensive 3 pc leather living room set..mint condition internals, structure, springs, cushion, but scratched sitting area & shredded back from cat. I bought it from friend(he paid $5k+ new 10-15 years ago..very rarely used). He moved & new furniture fell though & he... View More

Nina Whitehurst
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answered on Dec 13, 2023

Yes, mom is responsible for returning borrowed property to the true owner. Your remedy depends on a lot of other factors not covered in your narrative. For example, if she tries to list the item in a probate inventory then you should object in writing filed with the court. If there is no probate... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: A judge ignores a recorded phone conversation that contradicts the opposing party's claim in Probate. What should I do?

The opposing party in a Probate case claims they have made contributions to property taxes for the last 20 years. I was able to provide a recorded conversation between myself and the party, in which the party admitted that they withdrew their help/contributions 27 years ago. I always thought that... View More

Anthony M. Avery
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answered on Oct 26, 2023

Your lawyer needs to object to the Clerk& Master's Report or appeal the Chancellor's ruling. This assumes that the property taxes were in sufficient amounts that it affects the Estate's other beneficiaries. Your recording may not have the legal impact on the Probate Case... View More

2 Answers | Asked in Elder Law and Probate for Tennessee on
Q: How can they avoid or lessen the estate recovery?

Like: My parents have lived in their home for the past 39 years. But it remained in my grandmothers name even though she did not live in the home for the past 39 years. She left it to my dad in her will. Now tenncare estate recovery is coming after the home because one of her other children put her... View More

James L. Arrasmith
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answered on Oct 24, 2023

In situations like this, the primary concern is addressing the estate recovery claim made by TennCare. To potentially avoid or lessen the estate recovery:

1. Gather evidence to demonstrate the significant contributions and expenses your parents made towards the property, such as records of...
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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: if there is a living will, but we found a letter stating different wishes than said will, which document is honored
T. Augustus Claus
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answered on Oct 10, 2023

In Tennessee, a legally valid living will or advance directive is the official document that expresses a person's wishes regarding medical treatment in the event they become incapacitated. If there is a discrepancy between the living will and a casual letter, the living will generally takes... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: If my mother passed away 7 years ago and my stepdad never changed or prepared a new will would the old will stand good
T. Augustus Claus
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answered on Sep 22, 2023

In Tennessee, if your mother passed away and your stepdad never updated or prepared a new will, the existing will would generally still be considered valid, as long as it met all the legal requirements for a will at the time it was created. This means that the assets would be distributed according... View More

2 Answers | Asked in Contracts, Estate Planning and Probate for Tennessee on
Q: Signed contract to sell house.

My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?

Thank you,

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 14, 2023

I am so sorry for your loss, and you are in my prayers- I have not lost a spouse- so I cannot appreciate fully your loss.

As to your question- you have done well not to post on the internet a lot of details - but at the same time without more details, it is hard to give much help. The...
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2 Answers | Asked in Contracts, Estate Planning and Probate for Tennessee on
Q: Signed contract to sell house.

My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?

Thank you,

Anthony M. Avery
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answered on Sep 14, 2023

Are there any title problems, such as claims against your Deceased Husband? If so, you might not have merchantable title. And many title co. will require an unnecessary Probate which takes more than a year to close. Was earnest money involved? If so, give that back. The buyer suing you for... View More

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mom died, if I am the beneficiary on accidental death & dismemberment, does the proceeds go to the estate account?

She has a Will, my stepbrother is the executor. The policy was not mentioned at all in the Will.

Nina Whitehurst
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answered on Aug 28, 2023

If you are the named beneficiary of the AD&D policy, then the proceeds are payable directly to you, bypassing the probate estate. The check should be made payable to you and then you deposit the check into your personal bank account. You make a claim by calling the company and letting them... View More

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Tennessee on
Q: What is the law concerning heirs and beneficiaries being notified about a trust being created in Tennessee?
Anthony M. Avery
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answered on Aug 25, 2023

There is no legal requirement for the settlor of a trust to tell anyone about the trust being created. In fact there are many secret trusts, and oral trusts can sometimes be enforced in TN with clear and convincing evidence. Title searches on properties will often disclose conveyances into a... View More

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Tennessee on
Q: Remainder owner on property deed question?

I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?

I am asking this question because I was told that if... View More

Anthony M. Avery
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answered on Aug 21, 2023

If the life estate holder rents or allows the mobile home there, then you have problems. LE has a present right of possession until it is terminated and your Remainder vests in possession.

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Tennessee on
Q: Remainder owner on property deed question?

I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?

I am asking this question because I was told that if... View More

Anthony M. Avery
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answered on Aug 21, 2023

It is possible that you are left with only an expensive, difficult Ejectment action. However you might get away with a Detainer if they do not fight you. Hire a an attorney now to investigate and draft a suit in Chancery. Hopefully you do not have a boundary dispute.

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Tennessee on
Q: Remainder owner on property deed question?

I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?

I am asking this question because I was told that if... View More

Anthony M. Avery
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answered on Aug 21, 2023

Adverse Possession is very real, especially under color of title. Hire an attorney to search both title. The mobile home may have been an out conveyance before you got an estate. Taxes must be checked closely. You did not mention how many acres or County. A Detainer Warrant or an... View More

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2 Answers | Asked in Probate for Tennessee on
Q: IF a executor of estate is being unfair, not informing me of any progress, doesn't reply to my questions concerning will
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answered on Aug 10, 2023

Not sure of your question. But has an inventory been filed? If not then you may wish to move the Court to remove the executor for cause. But be prepared for a lawyer or even you to get appointed the Estate Fiduciary. He and his lawyer do not represent you, but there are various statutory... View More

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2 Answers | Asked in Probate for Tennessee on
Q: IF a executor of estate is being unfair, not informing me of any progress, doesn't reply to my questions concerning will
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answered on Aug 10, 2023

If you believe the executor of an estate is not fulfilling their responsibilities or communicating effectively, there are steps you can take. First, review the will to understand your rights. Try to communicate your concerns with the executor and request information about the estate's... View More

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Can the person that is the executive over the will sale the house without the ok from other siblings.

Mother passed away left nice house to three daughters one of them executive of will and she just want to sell for whatever. Doesn't all have to agree on price.

Anthony M. Avery
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answered on Jul 28, 2023

Has a Will been filed for Probate? If so then read it. If specific real property is devised to the three daughters, then all three own as tenants in common. If not, the executrix may have the authority to sell assets and distribute the net proceeds to all beneficiaries. If she has the power... View More

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