Lawyers, Answer Questions  & Get Points Log In
Tennessee Probate Questions & Answers
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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...
View More

View More Answers

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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Probate for Tennessee on
Q: Going to probate, need advice before hiring lawyer.

On June 2023 my mother passed on leaving a truck and van in her name brought by my father years back. I have a problem with 4 siblings. All siblings are not related to marriage of mother and father they are from different marriages. I wasn’t born yet when they got married and now I am heir in... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

If your mother died single (widowed) and is survived by any descendants at all and did NOT have a will, then her heirs at law are her then living biological and adopted children and descendants of any predeceased biological and adopted children. Stepchildren of your mother are NOT heirs at law if... View More

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: If no will is found what places can y contact to see if maybe one is filed
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2023

Call any attorneys that the Decedent might have used. Call the County Probate Court where the Decedent lived and check if any Probate proceedings have begun. Look through the Decedent's papers, safes, desks, etc. If nothing else, file an intestate administration in the appropriate County.

2 Answers | Asked in Family Law, Health Care Law and Probate for Tennessee on
Q: How can a brother obtain power of attorney from a mother while the patient is unresponsive?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023

If your unresponsive relative is unable to make a decision regarding power of attorney, you'll need to go through the Probate Court. By petitioning the court, you can be appointed as their guardian and/or conservator. Guardians are responsible for the relative's physical wellbeing,... View More

View More Answers

2 Answers | Asked in Family Law, Health Care Law and Probate for Tennessee on
Q: How can a brother obtain power of attorney from a mother while the patient is unresponsive?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

Not Probate Court but Chancery Court in TN. As a relative you need to file a Petition for a Conservatorship. It costs money and time, but if you do not, that brother/attorney in fact will steal all mom's assets. As Conservator, revoke the POA, and ask for an accounting. Notary might get... View More

View More Answers

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: If a family member leaves you something in their will and you never received said property??
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2023

Was the Will filed for Probate? If not, it has no effect. If Probated, then the executor should have transferred the property to the legatee with a Receipt. A motion can be made in Probate Court, or an Action to Recover Personal Property in Sessions. If there was a Bond, a claim could be made... View More

2 Answers | Asked in Probate for Tennessee on
Q: Hi, my name is Crystal and I just lost my father on May 25th. And was needing information about an instrument/document

My brother is wanting me and my other oldest brother to sign an instrument and I'm not sure what it means. Remind you this brother has been extremely rude and has left very disturbing messages to me and my oldest. He is wanting everything or nothing pretty much and I feel as if it should be... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

Very sorry to hear of your loss and your brother's behavior at this time. You really need to contact a PROBATE LAW attorney in your area right away, particularly if your father had any substantial assets like a house. Justia really isn't a place to get legal services, there are many... View More

View More Answers

1 Answer | Asked in Probate for Tennessee on
Q: My mother passed away recently. She left me her house to me which has a mortgage. She had $30,000 cash.

I have been paying the mortgage for her for years and the cash is to be split between 3 children. Do I need to go through probate? What should I do with the mortgage company? Do I need to let them know or can I just continue to pay the mortgage? There is a will in place.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

You should contact the lender and let them know your mother passed and you are the successor in interest, so that they will start sending the monthly statements to you. (They will require a copy of your mother's will, at a minimum. They might also require a final order of distribution or... View More

2 Answers | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Is my mother or are my two brothers and I entitled to part of insurance money if deceased father was a co-beneficiary?.

My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2023

Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... View More

View More Answers

2 Answers | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Is my mother or are my two brothers and I entitled to part of insurance money if deceased father was a co-beneficiary?.

My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2023

This question demonstrates a problem with relying on beneficiary designations as an estate planning technique (yes, even for life insurance). When more than one person is named as a death beneficiary, with nothing more, there is an ambiguity created as to what should happen if one of them... View More

View More Answers

1 Answer | Asked in Probate for Tennessee on
Q: How to fill out a small estate affidavit for a parent involved in litigation at the time of their death?

My father passed a short while ago. In roughly June of last year, he was involved in a vehicle crash at work and was going through the process (rehab, etc.) of settling the lawsuit. Per his lawyer, I would need to open a small estate to settle his case, and he would make a demand once the estate is... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023

You should be able to file the Small Estate Affidavit in Chancery or Probate yourself, but if unsure hire an attorney. Bank Accounts and Car are assets. Cause of Action is also an asset, which you should estimate value. Affidavit is for Personal Property under

$ 50K. Some Courts...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.