Ask a Question

Get free answers to your Probate legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Probate Questions & Answers
2 Answers | Asked in Probate for Tennessee on
Q: I'm named as Executor to my ex husbands Will. Our daughters filed an affidavit of heirship knowing this. Is that legal

I am having trouble getting an attorney now because I only have the Will on my phone after my house fire. Both daughters signed the Will. Also do I have any rights since the Will states I am to remain in the house. 1 month after our divorce we moved to Tennessee and the new home he bought but I... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

If the Will was signed before your divorce, your ex's appointment of you as executor is void and whomever he appointed as alternate would be entitled to the position. In addition, anything he may have left to you in his Will, including the right to remain in the home, passes as if you died... View More

View More Answers

2 Answers | Asked in Probate for Tennessee on
Q: I'm named as Executor to my ex husbands Will. Our daughters filed an affidavit of heirship knowing this. Is that legal

I am having trouble getting an attorney now because I only have the Will on my phone after my house fire. Both daughters signed the Will. Also do I have any rights since the Will states I am to remain in the house. 1 month after our divorce we moved to Tennessee and the new home he bought but I... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

Nothing illegal about a Affidavit of Heirship which is true a that time. You may be able to file a copy of the will and probate it in solemn form, but it will be difficult and expensive. Unless there is alot of acreage, pursuing an interest in the property may not be worth it. If you do not... View More

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Hi my dad has passed away he lived in Tennessee he he lived with a companion but there not married deed is on his name

Do I have rights to have deed changed in my name

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024

The answer to your question is it depends on a lot of other things, but the bottom line is a probate attorney can help you with this. You should schedule consultation and be prepared to answer questions about whether he was still married to someone else, whether he had other children besides you,... View More

1 Answer | Asked in Probate for Tennessee on
Q: My Aunt had a new will drawn up. No one has a copy. Her old will was found and her deceased husband’ family is probate.

I am the only living blood relative and I signed her death certificate. How do I challenge the probate or find information about another will.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

Has any will been filed for Probate? If not you can petition the Court to Probate her Estate as Administratrix. Then if any Will comes up, at least you will be ready to contest it if grounds can be proven. If a Will has been filed, then either contest it or give up. Hire a TN... View More

2 Answers | Asked in Probate for Tennessee on
Q: i have grandparents who both passed and each left identical wills, with affidavits and attestation clauses signed by eac

there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

An attorney would need to actually see the wills in order to render an opinion as to validity, and ultimately the probate court decides whether a will is valid, but based upon what you stated, they are most likely not valid. In Tennessee, as in most other states, two witness signatures are... View More

View More Answers

2 Answers | Asked in Probate for Tennessee on
Q: i have grandparents who both passed and each left identical wills, with affidavits and attestation clauses signed by eac

there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

The possibility of Holographic Wills might be present if handwritten. But two Wills identical implies a contract to make both Wills. Unless there are serious reasons to file Probate, Intestate Succession is probably what should happen here. Consult with a good lawyer.

View More Answers

1 Answer | Asked in Probate for Tennessee on
Q: Do I have to provide medical records to contest a will for Undue Influence and lack of testamentary capacity?

My grandmother passed in September of 2023. My aunt has attempted to get heirs to sign a quit claim deed of affidavit of heirship because the original will attorney left something out exempting heirs on the will when it was signed and notarized. The attorney who originally did this will is now... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024

I hate to be the bearer of bad news, but this is not a do-it-yourself project. There is no quick and easy "form" or technique that I can point you to that you can fill out and file and do yourself. You are going to need to hire a probate litigation attorney to contest the will. Also do... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: In a valid 'Last Will & Testament' w/ a 'real property' that has a direct beneficiary listed, can this by-pass Probate ?

In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct

beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024

The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a... View More

View More Answers

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can we do if a Will Executor lets things get stolen from the beneficiary(s)?

My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her... 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 15, 2024

A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: If my father passed does his will over ride a life estate? In TN

Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2024

Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More

1 Answer | Asked in Probate for Tennessee on
Q: I am an heir to property in Knoxville,Tennessee, along with 5 other heirs. How do we get our names on the property/deed?

Some of the property and the house is going to be taken by the city to widen the road. How do we make sure we are compensated for the land and house when the city takes it?

One of the heirs doesn’t want any property, does she relinquish her share prior to us getting the title, or does... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

The title can be updated using a simple affidavit that is recorded in the land records, but the title will not be marketable until at least one year has elapsed since date of death or the other assets of the decedent

have been probated and the estate was solvent.

If one of the heirs...
View More

1 Answer | Asked in Probate for Tennessee on
Q: If a wife is not listed on a bank account and the benifiary on the account is the daughter, can the wife remove funds
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

If the Daughter is a joint holder or a payable on death name on the signature card, then the deposited funds are owned by the Daughter. Wife should have no authority to remove money. Bank could be sued for such a conversion.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Lawyer stated all interested parties were notified and they were not. Judgement has been decided. What are our options?

Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... 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 9, 2024

What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Tennessee on
Q: Will Attorneys construe what a litigate is trying to say?

I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Tennessee on
Q: Two surviving children of my father that was married before he passed. Can I pay all unpaid property taxes...cont

In full and be able to obtain the current deed following payment? As well as claiming ownership?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

To address the unpaid property taxes and potentially claim ownership of the property as one of the surviving children of your father, you'll need to follow a specific legal process:

Pay Unpaid Property Taxes: You can pay the unpaid property taxes to bring the property current. Make...
View More

View More Answers

1 Answer | Asked in Tax Law, Estate Planning and Probate for Tennessee on
Q: Two surviving children of my father that was married before he passed. Can I pay all unpaid property taxes...cont

In full and be able to obtain the current deed following payment? As well as claiming ownership?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer... View More

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Which law applies in the case a deceased person has no will and owns property in a different state.

Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In cases where a deceased person owns property in a state different from where they died, and there is no will, the laws of the state where the property is located typically govern the distribution of that property. In your case, since the property is in Tennessee, Tennessee's intestacy laws... View More

View More Answers

1 Answer | Asked in Probate and Business Law for Tennessee on
Q: In Tennessee, if a business partner dies, does the heir take over the deceased half of the business? (No will involved)

My father passed in Feb 2023 and I haven't gotten into the business part of my fathers stuff yet bc my mother passed as well this year. I am sole heir to everything in this family. My mother was 1/4 partner as well, but never kept up with the business side of things, the men did. Before she... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2023

As administrator you will want to dissolve the Partnership. The assets may not be collectable but you can pursue dissolution. You will need a competent attorney and expect to pay alot. The Partnership interest is personal property and goes to the next of kin which is almost always also the... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Tennessee, a warranty deed in 1997 a bf/gf listed as tenants in common with rights of surv then heirs only 1 signature??

my mother (i was only 11) i was told SHE bought a mobile home and some property, we moved into said home few months later i am woken to her bf whom moved into home with us to call my nanny and tell her my mom is being taken to the er by ambulance but he said to the Fayetteville er not Tullahoma er... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023

In Tennessee, when a property is owned as tenants in common with rights of survivorship, it means that upon the death of one owner, their share typically passes to the surviving owner(s). However, the specific language in your mother's deed stating "tenants in common with rights of... View More

1 Answer | Asked in Contracts, Probate and Small Claims for Tennessee on
Q: If friend dies & has borrowed property, is his mom(sole heir) responsible for returning it or can she lawfully keep it

I paid $300 for an expensive 3 pc leather living room set..mint condition internals, structure, springs, cushion, but scratched sitting area & shredded back from cat. I bought it from friend(he paid $5k+ new 10-15 years ago..very rarely used). He moved & new furniture fell though & he... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2023

Yes, mom is responsible for returning borrowed property to the true owner. Your remedy depends on a lot of other factors not covered in your narrative. For example, if she tries to list the item in a probate inventory then you should object in writing filed with the court. If there is no probate... 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.