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Tennessee Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: What deed to use for a life trust to avoid probate in TN?

In Tennessee, I want to create a life trust where I, as the mother, remain the tenant of the property until my death, at which point my daughter, the beneficiary/remainderman, takes possession. My goal is to avoid probate. There are no liens on the property. One deceased son, who is the brother to... View More

Nina Whitehurst
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answered on Apr 22, 2025

The BEST solution is a deed to a trust, either revocable or irrevocable (choice depends on other goals and concerns). With a trust you can (a) avoid probate, (b) preserve step up in basis at death to save on taxes for your daughter, and (c) protect you from your daughter's creditors during... View More

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2 Answers | Asked in Probate for Tennessee on
Q: Initiating ancillary probate in TN for FL estate with property in TN.

My father passed away on October 30, 2024. He was a resident of Osceola County, FL, and owned a home in Bledsoe County, TN. He left a will, and I went through the probate process in Florida, where I was appointed the personal representative as per the will. I have Orders and Letters of... View More

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answered on Apr 19, 2025

You can file a full ancillary probate if you would like , but most often that is not necessary. An easier way is to file and record an exemplified copy of the will.

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3 Answers | Asked in Probate, Landlord - Tenant and Real Estate Law for Tennessee on
Q: Can I claim a property verbally promised by my landlord after his death?

I have been living in a property for 17 years, and my landlord promised me verbally that I would inherit it after his death. He has since passed away, and the property is now in probate without any written document. I have a witness to his promise, have not paid rent for the past month, and was... View More

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answered on Apr 15, 2025

I hate to be the bearer of bad news but you probably do not have a leg to stand on. Oral wills pertaining to real estate are not enforceable. And if he had no will at all, then the heirs are nearest blood relatives, not tenants. Sorry. You also probably cannot make a claim due to adverse... View More

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3 Answers | Asked in Estate Planning, Probate and Civil Litigation for Tennessee on
Q: Is property division in my father's will legal despite POA transfers?

My father's will stated that everything he owned was to be equally divided among the beneficiaries, except for the properties he had previously given when he acted as power of attorney years ago. These properties were legally transferred before his passing, but there is disagreement among the... View More

Anthony M. Avery
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answered on Apr 10, 2025

If testator did not own property at his death then it does not go through his will. People who claim interests in the lands can file suit for ejectment, quiet title, etc., with the testator's devisees as defendants. If will is probated, a motion to construe unclear devises can be made by... View More

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3 Answers | Asked in Probate and Real Estate Law for Tennessee on
Q: Do co-beneficiaries need to sign a quit claim deed if executrix is granted property?

I am a co-beneficiary of an estate, and the executrix, who is also a co-beneficiary, is being granted real property from the estate. All co-beneficiaries are in agreement with this transfer. Do all co-beneficiaries need to sign a quit claim deed for the property to be transferred to the executrix?

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answered on Apr 8, 2025

Your narrative does not contain enough information to enable an attorney to answer your question. Has a probate case been opened? Has the executor actually been APPOINTED to that role by the probate court? Is the estate solvent? How much time has elapsed from date of death? Who/what is... View More

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2 Answers | Asked in Probate and Estate Planning for Tennessee on
Q: Do I need probate with a complete will and no disputes in Tennessee?

I have a comprehensive will in Tennessee where all assets are to be sold and the proceeds split evenly among the heirs. The will and all assets are located in Tennessee. The executor is prepared to handle distribution, and there are no debts or taxes to consider. There are also no disputes among... View More

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answered on Apr 7, 2025

Yes, probate is required as you will quickly discover when you try to gain access to motor vehicles, bank accounts and other financial assets and, sometimes, real estate. I suppose if there are no such assets, only personal property, you could get away with just selling things and splitting up... View More

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4 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Ownership of assets in a Tennessee irrevocable trust after the grantor's death.

Who currently owns the assets of my deceased mother's irrevocable trust, which includes a residential property and a rental property, established in Tennessee? The trust names three qualified beneficiaries. One of them acts as the sole trustee and has taken responsibility for maintenance,... View More

Anthony M. Avery
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answered on Mar 20, 2025

It is very possible that the Settlor's death is irrelevant to the Trust, such that the Probate Estate does not include Trust Corpus. The Trust probably continues in existence, since most irrevocable trusts are declared so they continue past the grantor's life.

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4 Answers | Asked in Divorce, Estate Planning, Probate and Personal Injury for Tennessee on
Q: How to challenge a will amendment after husband's passing in TN?

I was married to my husband, Robert Edwin Atchley, for 37 years until he passed away during surgery. Since his passing, I've faced hostility from his family, who have stated I'm no longer recognized as part of the family and have refused to support me financially, despite my ongoing... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Mar 13, 2025

In the State of Tennessee, a will must have signatures from 2 witnesses that will attest that the person is of sound mind and body. Some of the better wills have a notary sign off on the person's signature and the two witnesses. An amendment to a will is a codicil. For a codicil to be... View More

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1 Answer | Asked in Real Estate Law, Probate and Tax Law for Tennessee on
Q: Can I file a lien to recover property taxes paid on an inherited property in probate?

I paid the property taxes on 2 acres my brother-in-law owned in Nashville, Tennessee, after he died (in 2020, 2021, and 2023). The property is currently in probate. It is recorded in both the tax and probate records that I paid these taxes. The property is supposed to be auctioned, but there's... View More

Anthony M. Avery
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answered on Feb 24, 2025

You may be able to file a claim against the estate. It may be late but whoever the representative is might not file an objection, especially since you have materially assisted the preservation of the real property. You might want to look into what a perspective bid at a tax sale might be... View More

1 Answer | Asked in Probate for Tennessee on
Q: As a beneficiary, should I have received a copy of the will in Knoxville, TN?

I am a beneficiary of a will from Knoxville, TN, and I believe the will was originally executed in fall 2021. I received notice about being a beneficiary in spring 2022 but haven't received a copy of the will or any communication from the executor. I'm currently living in the UK and am... View More

Anthony M. Avery
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answered on Feb 19, 2025

Has the testator died? If not then your inquiry is premature. If a will is filed for probate then the executor must send a copy of the will to all interested parties and certify the same to the Court. If you think there should be a will contest, then you will need grounds. witnesses and a... View More

1 Answer | Asked in Tax Law and Probate for Tennessee on
Q: How to determine capital gains tax on inherited property sold in 2024?

I inherited a property on January 31st, 2024, and sold it on November 22nd, 2024, for $176,000. I made no significant improvements to the property, and I'm unsure if the buyer did. I didn't have an appraisal or receive professional advice on capital gains. How do I determine the capital... View More

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answered on Feb 15, 2025

You need SOMETHING to show to the IRS, in case you are audited, proving the value on the date of death. It could be a formal appraisal, but for something like this you might get away with a simple broker's opinion of value. But the more time that goes by the harder it will be to create this.... View More

1 Answer | Asked in Probate for Tennessee on
Q: Half beneficiary and disinherited heir Will contest

If a will contest has been filed in Tennessee but has not yet gone to court, can the contesting parties withdraw their case and still inherit under the will?

Additionally, if their contest has caused delays without presenting any evidence, should I file a motion to dismiss the case? Would... View More

Anthony M. Avery
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answered on Feb 8, 2025

The contesting parties as plaintiffs can certainly voluntarily dismiss their Will Contest action by a written Notice to the Court and with service on all Parties. However they may be liable for unpaid Court Costs under their Bond filed in the action. A proposed order should accompany the notice... View More

1 Answer | Asked in Criminal Law, Estate Planning and Probate for Tennessee on
Q: I live in TN. Sister kept my portion of 1 quarter of my stiil living dads house, one of them at that time 2013.

He got temporarily remarried in late 2012?. Said he wanted me to have one fourth of the sell of his cabin and he was letting my half sisters be over the sell. The girls sold it in 2013 for 168k and they never gave me a penny. He's still alive and recently been put into hospice care in FL.... View More

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answered on Dec 2, 2024

I know of no cause of action that has a long enough statute of limitations for suits against any of them. If you are an heir to any real property then you can sue for partition. Search titles to see if anything still in the family. Sometimes conveyances are made which forgets about some of... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My uncle passed away 11/21. He left his estate to my grandmother and her disabled daughter. His wife was the executor

His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More

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answered on Nov 9, 2024

Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Clamming land that was quite clammed deeded and now person's are dead

A portion of property from original property was quite claim deeded to persons that are now dead . How to go about getting that piece of land back

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answered on Oct 25, 2024

There are too many facts missing from your narrative to answer your question in any definitive way. As to each name on the deed an attorney would need to know if the person died testate or intestate, where he or she died, whether the estate was ever probated and where, if the death was recent... View More

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1 Answer | Asked in Contracts, Real Estate Law and Probate for Tennessee on
Q: What are my options for speeding up a sale?

I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More

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answered on Oct 22, 2024

You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More

1 Answer | Asked in Probate for Tennessee on
Q: Hi. I inherited a house in TN. I am the personal rep and sole beneficiary. There is no money for the estate account yet.

When my mother passed recently, she had a loan and credit card that totaled about 22K. Around 100K mortgage remains on the house, and I am making payments as a Successor in Interest. I plan on having an estate sale to help fund the estate account. It may not cover all of it. I live in another state... View More

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answered on Oct 9, 2024

If you have not filed for Probate, then do not without the advice of counsel. You probably do not need to, which will attract creditor claims. Hire a TN attorney to search the title, determine heirship and record an

Affidavit of Heirship. As one of the owners, or the owner, you can...
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3 Answers | Asked in Probate for Tennessee on
Q: I recently received a phone call from a lawyers office in California telling me my grandmother passed away

The lawyer told me I had to fill out paper work before they would disclose any info about the probate case. The paperwork turned out to be a bond waiver. Do I sign the waiver and how can I find out info on the case and the parties involved

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answered on Sep 8, 2024

You don’t HAVE to sign the bond waiver. If you trust the proposed executor then signing the bond waiver helps the case move along more quickly and cheaply meaning more money left over after expenses for heirs to inherit. But if you do not trust the proposed executor then you should not sign the... View More

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1 Answer | Asked in Estate Planning, Family Law, Probate and Criminal Law for Tennessee on
Q: My step son gave my horse away, I had been given me a pair of Belgian mares to me for Christmas. Can I get him for horse

theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More

Diedre Wachbrit Braverman
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answered on Aug 2, 2024

You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.

1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Are Attorneys opposed to Reviews?

I filed a premature motion for reimbursement of contributions. Within it I proved misrepresentations and oversights that led to the Judge's prior ruling to partition my home by sale. The Judge urged me to get an Attorney. He said I could possibly get a Review of the case. 90% of Attorneys will... View More

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answered on Jun 24, 2024

Whatever lawyers you talked to were incompetent. Partition Actions allow attorney fees for both the plaintiff and the defendant BY TN STATUTE. As long as there is a feasible, economic result of a forced sale, the attorneys get paid before their clients. Apparently you are too concerned with... View More

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