Tennessee Probate Questions & Answers

Q: My husband & his sister as tenants in common of their parents property. He died 12/2018. We want to sell I am his heir.

1 Answer | Asked in Probate for Tennessee on
Answered on Apr 17, 2019
Anthony Marvin Avery's answer
You are probably only a Tenant In Common with your Children as Heirs at Law of your Husband's real property. If the Will is not Probated it means nothing. By the end of May it will be difficult for anyone to go against his interest in the real property. You and your Family may wish to request a Partition Sale if you cannot agree. If the Buyer does not want the property, find another Buyer and/or Title Company. It would be best to sell it in 2020 where virtually no creditor could come...

Q: Being sued by previous car lender, with issues.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Probate for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank Accounts.

Q: Can a will in TN supersede jointly-owned house being automatically transferred to surviving spouse?

1 Answer | Asked in Probate for Tennessee on
Answered on Mar 18, 2019
Anthony Marvin Avery's answer
Tennessee is not a community property State. You do not state exactly how the real property was owned. If it was a Tenants By The Entirety, the property is solely owned by the Survivor. If it was Tenant In Common, then 1/2 goes through her Estate. It may have been something else. Hire a competent attorney to look at the Deed, maybe the Title, and determine whether Probate is needed.

Q: am i eligible to receive an inheritance?

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Mar 15, 2019
Anthony Marvin Avery's answer
If you are designated as a Legatee or Devisee in anyone's Will that is Probated, then you should receive that Testamentary Gift. However you are potentially a Heir or Kin only from your actual (adopted) Father's Family. So you cannot inherit from your birth father's family. However you may wish to ensure that you are actually Adopted.

Q: In Tennessee, how do you change the executor of a decedent's will?

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Feb 26, 2019
Leonard Robert Grefseng's answer
Yes, the executor named in the will can decline to serve- it is a voluntary position and no one can be compelled to serve. The Tennessee Code rarely provides forms for documents, so the refusal/resignation of the named executor will have to be prepared by someone- it doe snot have to be a lawyer, but it will need to contain the original signature of the named executor. the will needs to be reviewed also since it might address this situation: naming an "alternate" in the event the first choice...

Q: In Tennessee, if we can not get ahold of one of heirs, what do we do to legally to move on to dispose of assets per will

2 Answers | Asked in Probate for Tennessee on
Answered on Feb 25, 2019
Anthony Marvin Avery's answer
There are Statutes dealing with the Distribution to Next-Of-Kin that cannot be located. The Court can order the distribution of small assets, and the Personal Representative can pay it over to the State Treasurer. You need to hire a competent attorney in Tennessee to close the Estate.

Usually Heirs will show up when hear there is money and land looking for them.

Q: I am incarcerated and am the sole beneficiary of my late mothers estate. The executor says monies are forzen. What can

1 Answer | Asked in Probate for Tennessee on
Answered on Feb 25, 2019
Anthony Marvin Avery's answer
You should hire a competent attorney to represent you. Your lawyer can check the Probate File and start finding out what is going on with the Estate. Is there an actual Probate Administration? Most importantly you need to find out what the Estate Assets are. It is sometimes possible to ask the Court to order interim distributions. But it usually takes at least 18 months for the Estate to close.

Q: My husband is the 1st trustee in his mothers will in TN and his brother is 2nd if my husband is not able.

1 Answer | Asked in Probate for Tennessee on
Answered on Feb 18, 2019
Anthony Marvin Avery's answer
If your Husband is Executor of hid Mother's Will, then he should probably hire a competent attorney and file the Will for Probate. The Estate should be examined for what is the best route, that is Probate or not. Since the Brother is taking things, it is probably better to Probate the

Will, and then your Husband as Excecutor should start marshalling up the Assets. The household items are not usually the really important items in an Estate. You should be much more concerned about...

Q: My husbands mother died and his brother is trying to sell all her property without us. My husband is the executor.

1 Answer | Asked in Probate for Tennessee on
Answered on Feb 18, 2019
Leonard Robert Grefseng's answer
If your husband is the executor named in the will, he should file to have that will submitted for probate in the county where your mother in law resided at the time of her death. "Probate" is the legal process for having the will formally approved and recognized as the final wishes of the deceased. Consult an experienced probate lawyer in your area for specific advice on your situation- it is not something you want to do without a lawyer.

Q: In the state of Tennessee do you need a disclosure statement form or HUD with an assignment for deed?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Tennessee on
Answered on Jan 14, 2019
Anthony Marvin Avery's answer
There is no disclosure requirement for selling and assigning a Deed of Trust. And I assume you are trying to sell a Note secured by a Deed of Trust. You cannot assign a Deed, ever. If the prospective Note buyer wants one, you will have to give them something to get their business. But you probably need to sell your Deed of Trust and Note to someone else.

Q: my mother designated her estate as the beneficiary of her insurance policies. Do I have to file for probate?

1 Answer | Asked in Probate for Tennessee on
Answered on Jan 3, 2019
Leonard Robert Grefseng's answer
Yes, I expect that in order to collect the death benefit from the life insurance companies, those companies will require "letters of administration" and that means submitting the will for probate. I know incurring the expense of probate does not make much sense in your particular situations, but those big life insurance companies have their rules and in y experience, they are not flexible.

Q: mother died and bother never read the will or had it probated is that legal

1 Answer | Asked in Probate for Tennessee on
Answered on Jan 2, 2019
Anthony Marvin Avery's answer
If the will is not filed for Probate then there is no will. The laws of Intestate Succession will then control on who owns both real and personal property. Most Tennessee citizens die with no will probated.

Hire a competent attorney to determine who owns what, and file for an Administration before the Probate Court for Dekalb County if necessary.

Q: My mother recently died. Her will list both me and my brother as sole beneficiaries.My brother also passed. Is his son

2 Answers | Asked in Probate for Tennessee on
Answered on Jan 1, 2019
Anthony Marvin Avery's answer
In most circumstances, the Deceased Brother's Issue take his share by representation. Even if the Will is not Probated, the Issue will still take just as much as you will. Anti-Lapse and Intestate Succession Statutes control the distribution of your Mother's properties.

Q: My mother passed away unexpectedly. My stepfather says she never signed the will.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 24, 2018
Leonard Robert Grefseng's answer
Under Tennessee law, if a person dies with out a will, their property ( both real and personal) is inheirited by the surviving spouse ( if any ) AND the children of the deceased. Check the your local courthouse ( the county where your mother lived at the time of her death) to see if any formal papers have been filed to administer her estate. Consult a local probate lawyer for advice on your specific situation.

Q: Can I use the letter of admin to sell my dad’s home and land? We filed probate already!

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 17, 2018
Anthony Marvin Avery's answer
Why did you file for Probate? I suspect you attracted problems by doing so, and probably had no reason to file. If the Title Company does not wish to handle the transaction, then find another purchaser. You needed a Title Search, Affidavit of Heirship and then a willing purchaser. But that was without Probate. Now you may very well have brought enough debt collectors notice so that the real property may have to be put up for sale in order to pay off the Estate. There may have been a...

Q: As Executor of my dad's will do I have the right right to receipts, statements, notifications of goings on?

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 11, 2018
Anthony Marvin Avery's answer
Unless there is a Will filed for Probate, then there is no Will and no Executor. Apparently you have not filed the Will for Probate. There may be an Administration going on. Hire a competent attorney to find out if there is a Probate Action, and decide if you need to Probate the Will or take other actions to obtain your rightful properties as an Heir and Next of Kin.

Q: Before my father died his brother wont let me have his property.there's no will

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 11, 2018
Anthony Marvin Avery's answer
You probably need a Title Search and file an Affidavit of Heirship/Next of Kin. That will be your source of title, then sue the Uncle in General Sessions for an Action To Recover Personal Property, along with a Detainer Warrant.

Q: My dad passed away before he died he told me he filled his title to his truck out and placed me on it now his wife won't

1 Answer | Asked in Probate for Tennessee on
Answered on Dec 4, 2018
Leonard Robert Grefseng's answer
Go to your local county clerk's office and try to apply for a "lost title."

As to the "hidden" truck, there is no easy answer- it has to be somewhere so you may have to do some detective work ( checking her relatives, friends, etc- anybody who may have given her permission to park the vehicle on their property). The most expensive way is to file a lawsuit to recover the property and ask her in court where the title certificate and vehicle are located.

Q: My brother died without a will. He has seven children who are heirs to his estate. One of them, a daughter, is mentally

1 Answer | Asked in Family Law and Probate for Tennessee on
Answered on Nov 26, 2018
Leonard Robert Grefseng's answer
There is still a process for the administration of the estate when the deceased does not have a will. If the disabled child is an adult ( over age 18) it sounds like some relative would have to come forward and serve as her "conservator." As the court approved conservator, this person would have the legal authority to sign and make decisions for the disabled child. Under Tennessee law, the children and surviving spouse, (if any) of the deceased are the heirs entitled to inherit whatever assets...

Q: mom passed away in August of this year can we sale her house to sister without probate no Will n house not paid off ?

1 Answer | Asked in Probate for Tennessee on
Answered on Nov 20, 2018
Anthony Marvin Avery's answer
You need to hire a competent attorney. A Title Search and Affidavit of Heirship are in order. Then try hard to get a payoff figure on the Debt through the end of a certain month where the Sister will close on the Purchase. The Affidavit is your source of Title which is placed in your Derivation Clause in the Deed from you two to your Sister. The attorney takes the Purchase Money and pays off the Debt, receiving a Release which is recorded, at your Sister's leisure. You two execute a Deed...

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