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Tennessee Probate Questions & Answers
1 Answer | Asked in Probate for Tennessee on
Q: My son was talked into changing his will and giving everything to a woman he meet on the internet 5 months prior to dyin

He had property and 2 cars 1 worth about 38000 and 1 worth 7000 the will is in probate but she has sold the 7000 one I have lived in one of his houses for a year and a half. Can i contest the will to keep her from stealing all my sons estate

Nina Whitehurst
Nina Whitehurst answered on May 23, 2020

Anybody can contest a will but there is no guarantee of success and it will be expensive. If you think you can prove fraud or undue influence on the part of the girlfriend then you should schedule a consultation with a will contest attorney without delay. If you wait too long you can lose your... Read more »

2 Answers | Asked in Probate for Tennessee on
Q: i recently rcvd a summons to appear in probate court for a civil action filed how do i respond i am an heir liveoutstate

it has been ongoing there is a settelment on the table but i dont know anything about it will i be held responsable for any monies if i dont apear i have rcvd nothing from the estate how do i defend againdt this action

Frank J. Steiner
Frank J. Steiner answered on May 5, 2020

You should have an attorney review the summons and complaint

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1 Answer | Asked in Probate for Tennessee on
Q: I received a "notice to retire pursuant TN Code § 30-2-324". Can you explain to me what this means?
Nina Whitehurst
Nina Whitehurst answered on May 4, 2020

TCA § 30-2-324. Court order dismissing probate case

(a) After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the...
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1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: - My fiancé &, his dad own a home together they don’t get along he wants to get rid of his part can somebody help us

We need help ASAP

Paul E. Tennison
Paul E. Tennison answered on May 4, 2020

I am sure there are attorneys that may be able to help you/your fiancé with this legal issue. What you are describing here could be a case in which a partition action is the best legal option. In a partition, a court orders the sell of a jointly owned property and divides the proceeds among those... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: What if one of the distributes will not sign a statement in lieu of detailed accounting ?

Can they ask for a detailed accounting from the clerk ?

Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2020

Then the Executor/Administrator must do his job and file a Final Accounting with the Court. It lists assets, debits, proposed fee awards, etc. Probate is not for a pro se representative. You need a competent attorney to represent you and help close that Estate.

2 Answers | Asked in Probate for Tennessee on
Q: My dad wife of 3 yrs died. She never redid a old will. What can dad do
Shanone Emmack
Shanone Emmack answered on Apr 29, 2020

It depends what the old will says. If your dad's wife had a former spouse listed in the will then the disposition or appointment of that property is revoked. As a spouse married for three years, your dad should have rights to a 20% elective share of the net estate. You should hire an... Read more »

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2 Answers | Asked in Probate for Tennessee on
Q: Can i contest a will after father has been dead for less then 2 years

Father was to sick to change will after DNA was taken .

Frank J. Steiner
Frank J. Steiner answered on Apr 25, 2020

Yes. So long as you have standing to contest the will - meaning you would have inherited if there was not a will or if you were in an earlier will. You will need an attorney to represent your interests.

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1 Answer | Asked in Probate for Tennessee on
Q: I received a stimulus check addressed to my deceased father who passed in 03/2019. Do I return the check or keep?

If return, how and where to send if keep, how do I cash or deposit it?

Shanone Emmack
Shanone Emmack answered on Apr 24, 2020

I recommend doing nothing with the check. It is intended to go to your father to help with any financial difficulty during Covid-19. You could try to contact the IRS but no one is likely going to take your call . It would be illegal for you to personally cash the check and put it in your account... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Ten years ago my grandpa died and his brother created a new will two days before he died

My grandpa had lung cancer was very wealthy and told me and my mom all my life is always be taken care of. He said before he went to the va, before he got really sick, that he thought his brother was going to do something and he made sure nobody could get what I was suppose too. I have a copy of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 22, 2020

You may indeed have a Will Copy that should be Probated. And of course that will involve a Will Contest. But you may have waited way too long. Was there actually a Probate of the Will which disinherited you? The insurance probably had nothing to do with the Estate. You need to contact a... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: What does it mean when a beneficiary enters into bond payable to executor and attorney as Security

Attorney named was hired by beneficiary to file ‘motion order sustaining right to contest’

Anthony M. Avery
Anthony M. Avery answered on Apr 17, 2020

That is a Bond payable to the other side or parties for a Will Contest to commence. Not exactly sure of your factual situation, but it sounds like the beneficiary is contesting the Probate of a certain document proffered as a Will. The Probate Court must certify that there is a Will Contest,... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: How can one of my friends change her last name? She was legally married a week ago, but with all offices closed?
Anthony M. Avery
Anthony M. Avery answered on Apr 17, 2020

Check with the Department of Safety. She should be able to get another Tennessee Drivers License online. She might also get another Social Security Card the same way with the SSA.

3 Answers | Asked in Probate for Tennessee on
Q: My father passed away everything was in his and my moms name except 1 property so didnt do probate.Can she keep?

my mom and dad have 3 grown kids together but can she keep property and have put in her name? he didnt have a will

can she just have retitled to her name? or do us children have to sign off on something. she dosnt want to sell just keep

Nina Whitehurst
Nina Whitehurst answered on Apr 16, 2020

No. Absent a will, in Tennessee your mother would get a share of the property and so would your dad's children. There is a process for retitling the property that will need to be followed. If you mother ever wants to sell or refinance the property she will not be able to until the retitling... Read more »

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1 Answer | Asked in Estate Planning, Insurance Bad Faith, Insurance Defense and Probate for Tennessee on
Q: Can my grandpa file a claim against my deceased grandma's estate for our insurance policies?

My grandmother owned life insurance policies on my grandpa and myself. We want to cash them out because they are horrible policies. They were supposed to transfer ownership to my grandpa but never did after we filled out the paperwork. Now they are saying we need all of my grandmother's heirs... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 1, 2020

You did not state this, but it sounds like your grandmother has passed and there are things still in her name, such as these life insurance policies. You should contact a probate attorney to help you with getting those assets retitled. The type of process that will be needed will depend on more... Read more »

2 Answers | Asked in Real Estate Law and Probate for Tennessee on
Q: How do I sell land in Tennessee that is still in my deceased father's name 15 years after his will was probated in NY?

I am looking for advice on how to sell a piece of land that is still in my deceased father’s name. My father passed away in 2005. He was a resident of NY and his will was admitted to probate in the state of NY in 2005. Letters testamentary were issued with my sister and I named as executors of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 28, 2020

You can obtain a triple certified copy of the will from the NY probate court and file it in Tennessee as a muniment of title.

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1 Answer | Asked in Probate for Tennessee on
Q: TN probate has 2 yr for will contest. Does this mean final probate and distribution of assets wait the 2 years?
Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

No. But closing an Estate can easily exceed two years and often does. Will Contests will affect the ongoing Probate obviously, and the Executor must defend the Will while maintaining, not dissipating, Estate Assets. This happens often and makes Probate expensive.

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Foreclosure auction trying to buy from daughter of deceased 5 years, but not sure if can get clear title?

I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 15, 2020

You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I have put my bank accounts with a POD beneficiary. And have life insurance with beneficiaries.

My total assets left are worth about $1,000 $500 for a car and $500 for clothes, furniture, etc Do I need to have my will probated in Tennessee? I may have some credit card balances, but no cash to pay

Nina Whitehurst
Nina Whitehurst answered on Mar 7, 2020

For an estate that small there is an abbreviated procedure using a small estate affidavit that gets filed with the court. The filing fee varies depending on whether the decedent had a will or not and whether bond is waived but it is usually about $105 for the filing fee and around $100 for the bond... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My cousin is selling my deceased grandparents house . My father their son is deceased as well. Do I have any right

Do I have any right to the selling of the house .

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2020

Not sure of your question. But if the surviving grandparent died intestate, then you are probably one of the Heirs At Law. Hire a competent attorney to perform a title search, and possibly execute and record an Affidavit of Heirship. If you are an Heir, then either intercede in the proposed... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Probate: My husband died, everything was in both of our names, except a vehicle that was paid for.

If someone else wanted to file probate for the vehicle, how long would they have. All his personal belonging were left to me. We live in Tennessee. He had a will. Will was not filed.

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

If the Will is not Probated, it has no effect. Apparently the vehicle was intestate property, and goes to the spouse, and issue if any. They could file for Probate several years from now, but it does not sound like there is enough property to pursue such a proceeding against a surviving spouse.... Read more »

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 »

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