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Tennessee Probate Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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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1 Answer | Asked in Criminal Law and Probate for Tennessee on

Q: If a person on probation violates the condition of the probation do the time they spent in the halfway house count

Towards time served?

Mr. Kent Thomas Jones Esq. answered on Jul 3, 2019

It should count. Just check with the jail.

2 Answers | Asked in Real Estate Law and Probate for Tennessee on

Q: What was required for real estate to be legally transferred to a Revocable Trust in Tennessee prior to 2015?

My parents died in 2011 and 2014 respectively. They had a pour over Will and a Revocable Trust. The Revocable Trust became Irrevocable automatically upon my mother's death in 2014. The Trust does not itemize any property. It just has a generic statement that they intend for the Trust to receive... Read more »

Anthony M. Avery answered on Jun 26, 2019

If the real property was never conveyed into the Trust, then it is not part of the Corpus. Was the Trust ever in effect? Without a Trustee, there is no Trust. You may be creating a title problem when it did not exist previously until you started telling the world. Hire a competent attorney .... Read more »

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1 Answer | Asked in Probate for Tennessee on

Q: My Family owns a small piece of property on the Nolachuckie river. The property has not been probated since 2001 when

My father passed. My Mother passed away in 2017. My two brothers and myself are her beneficiaries (will). How do we get property in our names & cost. We live in Florida.

Anthony M. Avery answered on Jun 26, 2019

You did not say whether the Mother's Will was Probated or not. If it was, and the Parents owned the real property as Tenants By The Entirety, then those Will Divisees are owners or their Heirs. A copy of the Probated Will should then be recorded in the appropriate County. If no Probate then you... Read more »

1 Answer | Asked in Probate and Small Claims for Tennessee on

Q: Dad died 20 years ago. I Discovered $10,067 TN Unclaimed Site. Will not release over 10K. Can I circumvent Probate?

TN Unclaimed states that over $10,00.00 they must reopen Probate Court & contact all family. $10,067.00 from unknown Life Insurance. Father's will left property, real estate, money to me (Son) & (1 Grandson). Second Son (my brother) was basically omitted from the will. Second Son sued in an attempt... Read more »

Anthony M. Avery answered on Jun 25, 2019

I would recommend hiring a competent attorney to file a Small Estate Affidavit. The Trust may have messed up the Insurance. Be careful about what County you file in. Only other alternatives is to record an Affidavit of Heirship, and either ask or/and sue the Treasury for the money. It might... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on

Q: Regarding caregiver and heir Tennessee Estate

Last 4 years of my fathers life I took care of him by doing anything and everything that a person who can barely walk and who can’t drive needs to have done. My dad told me that If I did those things I could live with him rent free and he’d help me with anything I needed. Year one I helped... Read more »

Mr. Kent Thomas Jones Esq. answered on Jun 23, 2019

There are a lot of considerations in this type of situation. If you have an advanced directive, which is essentially a power of attorney for health care, and a regular power of attorney for financial issues, that will help. The next consideration is nursing home care, and, statistics show that a... Read more »

1 Answer | Asked in Criminal Law and Probate for Tennessee on

Q: First probation violation what will my wife get?

Ok my wife got interstate probation transfered to Indiana from Tennessee there was a domestic issue in the home probation officer told her she had to go live with her uncle in Kentucky gave her a travel permit on her visit to probation she failed a drug test and probation officer call her uncle ask... Read more »

Mr. Kent Thomas Jones Esq. answered on Jun 23, 2019

First of all, violation of probation is treated seriously. It really depends on the PO and the judge. Some of my clients get violated after 4 times, and for others it is earlier. There are a lot of scenarios. Jail time is common; however, a lot of time if you are working, you can do it on... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on

Q: My mother passed away and as far as my siblings and I know, didn’t have a legal will. In Tennessee, spouses and children

Are supposed to split the estate “evenly” with the spouse getting at least 1/3, but we know we didn’t get our shares considering his lifestyle and what we received. He has a girlfriend who has offered to invest money if he included in his will that my siblings could still own the house, while... Read more »

Anthony M. Avery answered on Jun 21, 2019

You are confusing intestate secession with the home's title, which may or may not be defined by intestate secession. If Mom bought home with spouse, then it is probably Tenants By The Entirety, that is he owns it period. You might check title carefully, as they may not have taken as husband and... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on

Q: Tennessee Caregiver of Father I’mThe eldest sibling and only daughter of my father.

Beginning 2014 my father became unable to care for himself and long story short my brothers kicked him out of their homes and he ended up with me. During this time I was harassed and threatened by my brothers. I did my best to preserve my fathers assets and never spent money without his... Read more »

Anthony M. Avery answered on Jun 21, 2019

You do not state if the Estate is suing you or whatever. You may wish to make a Claim against the Estate yourself. Hopefully you did not have your Father's Power of Attorney. If you did, you will have the burden of proving everything was done for his benefit. Try to produce receipts or checks... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on

Q: If a non family member opens probate and becomes executor without a death certificate, is the appointment valid

For an update, the person opened probate and got the papers and did not have a death certificate and over 2 months later in probate court the Judge mentioned the court never received a death certificate.

Leonard Robert Grefseng answered on Jun 20, 2019

Your question is unclear- by saying there is no death certificate, are you saying the person is not dead?! Tennessee has a statute which sets an order of priority for those serving as administrator of an estate (when there is no will). Usually a will contains a paragraph naming who is to serve as... Read more »

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