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Tennessee Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: My mother passed away June 2016 leaving her estate to her spouse. Now her spouse passed this April 2019.

The next week I went to probate court and obtained a copy of my mother’s will. I also learned that the probate case pertaining to my own mothers will was still active meaning never closed. My mother’s spouse who received her estate remarried a year and a half after my mother passed. So this new... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 4, 2019

There is too much missing information in your recitation of the facts to provide an answer in this forum. You should schedule a consultation with a local probate attorney to help you. Rarely is probate a do-it-yourself project.

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2 Answers | Asked in Probate for Tennessee on
Q: How long do probates for a house in another house take? And close an estate? What’s what steps should I take to close?

I opened probate 4 months ago**correction to question above. The house in located in Georgia requiring ancillary **. Am the executor and beneficiary . Bonds and accounting were waived Received letter for pursuant failing to notify tenncare and my lawyer did not. I filed release form Not sure... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 26, 2019

If your question is about the house in Georgia, the answer is you need to hire an attorney in Georgia to help you process an ancillary probate.

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: To be clear for medical POA according to 34-6-203 if you have two witnesses a notary is not necessary and vice versa?

Can you clarify if i'm wrong?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2019

That is correct. The witnesses, if you go that route, cannot be related to the principal by blood, marriage, or adoption and must not be entitled to any portion of the estate of the principal upon the death of the principal, i.e. not an heir or beneficiary.

1 Answer | Asked in Probate for Tennessee on
Q: I live outside of Texas where my dad passed. Do we need a lawyer from Texas to probate or can they be from other state?
Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2019

You really should hire a Texas lawyer. Probate laws vary widely from state to state and local rules can vary quite a bit too from county to county within a state.

2 Answers | Asked in Probate for Tennessee on
Q: My ex husband has passed away and his estate and probate is pending. My now husband is about to adopt mine and the

deceased daughter. Will that affect anything she will receive once she turns of age from the estate of deceased father?

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2019

Your facts have some mistakes. But I believe what you are asking is whether the daughter can inherit from both her actual Father and her adopted Father. No.... Once she is adopted, that is her Father and she has no relationship with her biological Father from the Adoption Order

and...
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2 Answers | Asked in Probate, Estate Planning and Landlord - Tenant for Tennessee on
Q: My father passed away and no will. He lived in Texas but inherited his father's home in Tenn. He is married but seperat

ed. I was told in Tennessee I had to settle estate here in Texas but Texas is telling me that I have to do it in Tennessee. The deed to the Tennessee property is still in my dad's deceased father's name(my grandfather) I am the only child .What is the right thing to do...

Nina Whitehurst
Nina Whitehurst answered on Aug 29, 2019

If any of the heirs are wanting to sell the home quickly, then you will need to probate both your grandfather's estate and then your father's estate. If you all plan to hold the property for many years, then this can be handled with affidavits of heirship. Neither of these are do-it-yourself... Read more »

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2 Answers | Asked in Probate for Tennessee on
Q: In Tennessee, my cousin died intestate. No spouse, no children, no siblings, no parents, no grandparents. Maternal

heirs include 4 1st cousins and 3 siblings of a deceased cousin. Paternal heirs include 1 aunt, 7 1st cousins and 1 sibling of a deceased cousins. Equal shares to all?

Anthony M. Avery
Anthony M. Avery answered on Aug 27, 2019

No it is not equal to all relatives. It is halved between the Paternal and Maternal Heirs however. Those halves are then divided up by the Paternal and Maternal issue, with the closest relatives taking prior to further issue. You need to hire a competent attorney to determine heirship, and... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: Regarding inheritance from a deceased relative, cousin, that died without a will. In Tennessee does a first cousin once

Removed inherit at the same level as a first cousin? In New York first cousin once removed can only inherit if there is nobody at the level of first cousin on either side of the family

Anthony M. Avery
Anthony M. Avery answered on Aug 27, 2019

I do not know what "once removed cousin" means, and it probably has no legal significance. Intestate Succession is very close Country wide. Determining Heirship requires knowledge of the Decedent's marriages, divorces, parents, siblings, and children, at the time of death. You have not... Read more »

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: How do I file a small estate affidavit in order to claim my son's life insurance policy?

My son died without a will. His father, sister, and I are his next of kin. I have no knowledge of any assets or debts. The insurance company requires a small estate affidavit with a federal EIN number to consider payment. Do I have to be the "affiant", or is the insurance company?

Nina Whitehurst
Nina Whitehurst answered on Aug 27, 2019

In some states this can be a do-it-yourself project. This is not so much the case in Tennessee. To do this right you should hire a Tennessee probate attorney. The papers do need to be drawn up correctly and filed with the court.

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2 Answers | Asked in Criminal Law, Federal Crimes and Probate for Tennessee on
Q: How do I find out how much time my son has in jail in Tennessee. Online it says he is on probation that was a month ago

I called around and no clear answers. I am in Florida and don’t know what to do.the information online is wrong and I am starting to think he is lost in the system. Is there any number or person I can call to help. Tried Williamson jail where he is they said he is state property looked online and... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 7, 2019

I suggest you contact the court clerk - if he is serving a sentence for a criminal offense, there is paperwork at the courthouse that says what he was convicted of, and what his sentence is, and whether it is to be served in the local jail or the Tennessee Department of Corrections. If he have... Read more »

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1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: My father is on his death bed. He got married. He wants to get it annulled but doesn’t have that kind of time.

What can we do to keep her from the money? Can we get in annulled faster?

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

Annullment is not an option in Tennessee. And just filing divorce on grounds of fault does not get a divorce. Hire a competent attorney for your Father to start transferring assets now. Life Estate/Remainder Deeds and/or Trusts might be good options for some more important assets. But it must... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My husband passed away but inherited land in MS. Is it legal for my step kids to sell it & cut me out? WasMarried 23 yrs

I cared for my husband through 8 years of Alzhiemers, he didn’t leave a will, but I was his POA. Step kids are trying to also take a portion of my house in Tennessee. Step daughter made herself executer of my husband estate ,even when I told her he had nothing subject to probate. Now his brother... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

Your heirship intestate succession rights should be governed by Tennessee Law, which is very similar Nation wide. You probably need a competent Mississippi attorney to represent you, a long time ago. File an Affidavit of Heirship in Shelby County Register of Deeds and start using it. You have... Read more »

2 Answers | Asked in Probate for Tennessee on
Q: Can probate attorney refuse to pay legitimate claim (burial expenses), let Medicaid take proceeds of real estate sale?

My daughter filed claim to MIL’s estate for $5000 for loan she and husband took out to pay MIL’s burial expenses. Her attorney said it would be a “priority claim.” Probate attorney has not paid it, refuses communication with them. Also, without telling any of the other 3 heirs, made a... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 31, 2019

Possibly- on some occasions, a court will approve a private sale of property if it can be shown that the private sale is for a reasonable price. Selling at auctions will involve advertising expenses and a real estate commission ( even if the court clerk acts as the sales agent, they too will take a... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: Tennessee - First question was not clear. I'll try again. Sister is My Mothers Executor and has her will.

My Sister is my Mothers Executor and has her will, I would like a copy, and she will not let me have one or even see it. What can I do to get a copy of my Mothers will?

There is a Trust for my Mothers assets that is supposed to be split between 4 children again Sister is Executor. Mother... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2019

You have not stated anything different. But apparently there are Co-Trustees, not Co-Executors. And you apparently do not know if the Will is Probated or not. Again find out if there is a Probate. And again hire a competent Tennessee attorney to look into this. Finally a viable Trust will... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Does Mothers Will have to be filed in court even if her assets are not being probated? This is the state of Tennessee.

In the State of Tennessee. My sister is Executor over my Mothers estate so to speak. There is a Trust for 4 Children. Sister is Executor and younger Brother is second signer. First, I ask for a copy of the will Sister refuses to give me one. Can she be forced to give me one? Second The Trust... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

Your question does not make sense. It sounds like there is an established Trust and now someone died with a Will. If so, the Trust Assets probably have nothing to do with an Estate unless the Mother was a Trust Beneficiary, where her interest would then be governed by the Trust Terms and then... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My 12year partner died suddenly yesterday. Can not remember safe combo for will. How does the family next in line work?-

Does oldest become power od attorney or is all family heirs? They want funeral arrangements so they can take body to whom we chose.

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

Unless you believe you are mentioned in the possible Will, it is not your concern. A locksmith can take care of the safe, and unless you are very sure you are in the Will, that operation is for immediate Family only. If you believe you are in the Will then call a competent attorney today, as... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My husband and I were told the lawyer has dissolved the account, and forgot to write out our beneficiary check .

All of a sudden we were told the investment account was dissolved, we were named in a will but the account is dissolved, so what do we do now, we're confused as to why he forgot to issue our check left by the deceased.

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

Apparently you have no idea what is going on. Initially you need to examine the Probate File at Court, to see what is happening . The Will may or may not have been Probated. Then you may need a competent attorney to inquire of the Executor where your money is. The Estate may not be closed yet... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My step mother passed away and she had 20k in stocks

My father passed away before he had it settled in court she has a grown son whom she had a restraining order against up until she passed and i don't know who is intittled to the stocks now would it be me since everything went to him and then when he passed i was his only hier I'm lost please help

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 29, 2019

Under Tennessee inheritance law, if a person dies without a will, their surviving spouse AND the children share whatever the deceased owned. Sounds like you own half ( the half your father inherited) and the son owns the other half. However, you don't specifiy whether your father had a will, and... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: If I had to sign for my husbands medical care and cremation would I have rights to vehicle and other personal property?

We were separated but not legally, He passed suddenly was living with friends. I had to give permission to halt medical treatment and to cremate him. But can't get a death certificate because friends he lived with aren't cooperating.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 15, 2019

If he had no will and no children, under Tennessee law, you as the surviving spouse are his sole heir and entitled to inherit his estate and you also have the right ( but not the duty, if you elect not) to serve as the administrator/representative of his estate. Consult an experienced probate... Read more »

3 Answers | Asked in Probate for Tennessee on
Q: I went through Probate as the estate admin. I received the Quit Claim and apparently the case is over. Or is it?

The property includes a bank account. Since the quit claim is for real estate, how are bank accounts outlined and settled in the Probate process? I am currenty Estate admin of the account with restricted access from the bank. What paperwork do I need to have the restrictions removed?

I... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 10, 2019

If you are the administrator of the estate, you received a document called "letters of administration" from the court clerk when the estate was opened. If you didn't get this , or if you have lost it, you can always go back to the clerk's office and get a certified copy. These "letters" are your... Read more »

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