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Tennessee Probate Questions & Answers
1 Answer | Asked in Civil Litigation, Probate and Estate Planning for Tennessee on
Q: My aunt took my dead mother’s belongings and refuses to distribute them

My aunt took my mothers personal belongings and said she would distribute them half and half to me and my brother that was years ago she will not answer my calls. I would just like some of my childhood pictures in my mother’s belongings to remember her by. But my aunt refuses to give anything to... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

You should consult with an attorney to determine your options. You may need to open an estate to probate assets or file a civil warrant for possession. But only after a proper consultation could an attorney give you counsel on what you can do.

1 Answer | Asked in Probate for Tennessee on
Q: Stepmom not filing fathers will. Home is only in his name. What are my options to force her to probate his estate TN.

My remarried father passed away. I know he has a will, but my step mom is dragging her feet or not planning on filing probate. His house was only in his name. The lawyer who wrote his will is deceased. What are my options and the deadlines to force her to file probate for his estate? She... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 30, 2020

You have not stated whether there is anything in the Estate. Real Property rarely goes through an Estate. The home is owned by the heirs at his death. If there is sufficient equity or no deed of trust, the heirs could file a Partition Action now. Or you could file to administer the Estate if... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My boyfriend and his sister are the only beneficiaries in their grandmothers will. Their aunt is the executor.

In the will it says that my boyfriend and his sister are supposed to receive money from the sell of the grandmothers house. His aunt sold the house and is keeping the money for herself is there anything they can do?

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2020

Is the Will Probated? If not, then the aunt may be the sole heir and entitled to sell, etc. If Probated, then check the Probate File out at Court. Hire a competent attorney to move for disbursement of Estate Assets, and/or Removal of the Fiduciary for cause with an Accounting.

1 Answer | Asked in Probate for Tennessee on
Q: I am executor of my ex husbands Will . can our oldest daughter lock me out of our home?

My Ex Husband and I moved from Florida to Shiloh TN one month after our divorce April 2003 yo raise out daughter. He passed away and left me executor of his Will, because we were together of 38 years and he trusted me. The day he passed away my oldest daughter informed me ai was locked out. She... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2020

It appears that you have failed to Probate His Will. And now it will be very difficult to start any type of successful Administration. It is very possible the Daughter has already Probated his Estate. You should check with the Court of Probate Jurisdiction in the County of death. If there is... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: In Tennessee, if the decedent owes no debts, but, has a lawsuit settlement in progress, can probate be closed or does it

have to wait for the proceeds from the lawsuit?

Anthony M. Avery
Anthony M. Avery answered on Nov 4, 2020

You need to talk to whoever is Administering the Estate. He might have a partial distribution prior, but he will probably wait until all assets are marshaled, and fiduciary compensation/claims ascertained. Otherwise he will not be able to calculate a Final Accounting. This is the case anywhere,... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: I lived in the same house with my fiance for 11 years and he passed away on oct 6th 2020 can his daughter just up and ki

Kick me out of our house

Bennett James Wills
Bennett James Wills answered on Nov 3, 2020

If you have no legal interest in the house and she is the only heir, then she would take ownership of the property. Once ownership has been established, then she could file to evict you from the property through the courts.

1 Answer | Asked in Probate for Tennessee on
Q: My dad married a man 2 weeks before he died .he had no will.what rights does that man have to bank accounts and my dad

Personal belongings

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

He can claim a surviving spouse's share of the Decedent's property which will either be one/half or one third, depending on the Decedent's issue. Hopefully the spouse was noter on the bank account or any other properties. It does not sound like there is sufficient property to Probate.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Need to understand my father's will
Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2020

What is your question? Keep in mind that if the Will is not Probated, it has no effect, and you Father dies Intestate.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father passed with no will and unmarried, leaving 4 children. What do we do?

I am the eldest and my father did own his house flat out. He did not have a lot of money, the house is not worth a lot and he had some debt.

how do I file to become the executor and get the deed transferred over so I can sell it and split it between my siblings?

Bennett James Wills
Bennett James Wills answered on Oct 20, 2020

You would be wise to consult a local attorney to review the facts, debts, and assets. Regarding the real property, one option is to file an affidavit of heirship into the property record to show ownership. If he has other assets/debts, you may still want to open a small estate and obtain letters... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My father recently passed away in Tennessee and had a Tennessee will. His three daughters were in will, one being the

executor. The executor distributed cash assets that were in our father's safe to us but gave us no information on what remaining assets, such as what was in his checking account remain. Are we as the two remaining beneficiaries entitled to that information and whatever was left in the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 16, 2020

Yes, the non-executor beneficiaries under the will are certainly entitled to a copy of the will and an accounting for the estate. Normally this is done via a full probate administration, but sometimes other methods are used, such as a small estate administration. First, you should check with the... Read more »

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: My mother in law recently passed. According to the Husband(father) there was no will. However, the children were told

There was a will by the mother. What can they do to find out. This is a large estate that includes a business they all work for.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 15, 2020

If there was no will - then any children she may have would inherit a child's portion of her estate. If she had an attorney you can check with the attorney to see if there was a will. Someone should probate the estate - for now without a will - The estate and perhaps the heirs will need a lawyer.

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father passed away and lived in TN. I live in Ohio. I have 3 titles i need to get transferred into my name.

OH title office is saying everything has to go through TN. Im the executor to the estate and per a family agreement I get them. What do i do?

Anthony M. Avery
Anthony M. Avery answered on Oct 6, 2020

If you are an Executor then someone has Probated your Father's Will. If no Probate, then the Will has no effect and you are not an Executor. Also where are the lands located? TN or Ohio? It sounds like you have went to a title company who wants a perfect TN Probate for your Father.... Read more »

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: Does a will have to be filed after someone dies

Father was in nursing home and had a paper he signed over his home to one child had it notarized as well with witnesses. He has 2 other children as well. Do the one he left everything to have to file the will in the courts or can they just say they have a will that says they inherited it all.... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 29, 2020

You would be wise to consult with an estate attorney over your issue. There are lots of factors that may determine how you could proceed, if you are not already time barred since it's been 8 years as you say.

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1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Landlord - Tenant for Tennessee on
Q: While in probate can a home be rented to own by the heirs?

My grandfather passed with no will but it was known everything was to be split between his 2 children, my mother and my uncle. My uncle started probate and then very unexpectedly also passed just 44 days later. Now his share is to be split between wife and daughter. The house he owned is up for... Read more »

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

You have not stated enough facts to determine who the heirs at law are, and therefore own the home. However the heirs own it and can agree to sell it anytime they want. Hire an attorney to determine heirship, draft an Affidavit of Heirship, and possibly make an offer to them for purchase. Get a... Read more »

1 Answer | Asked in Estate Planning, Probate and Tax Law for Tennessee on
Q: My father passed away with no assets, and outstanding debt. What is my probate or tax responsibility?

He was on medicaid in a nursing home and all of his income went to that. Do i have I have to file a will in probate if I am the only heir and their are no assets to distribute? I have also found out owed a significant amount in back taxes, do I have to file a return with the IRS if there is no... Read more »

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

There is no Statute mandating Probate of every Decedent's Estate. Many, many Next Of Kin make this mistake. If there are no assets to distribute, there is no purpose for a Probate. Also land rarely goes through an Estate. If something happens to go to you, worry about any possible lien... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother's estate is ready for distribution yet my sibling will not allow it to proceed. What are my options?
Anthony M. Avery
Anthony M. Avery answered on Sep 25, 2020

You have not stated sufficient facts. However if the Estate is ready for Distribution to Beneficiaries, then you can make a Motion to Distribute, or even a Partial Distribution. You can also make a motion to remove the fiduciary administrator/executor. But you may not know all the facts of... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Do I, as a beneficiary have the legal right in Tennessee to know how much the Power of Attorney was paid from the Estate
Anthony M. Avery
Anthony M. Avery answered on Sep 23, 2020

Not sure why an attorney in fact would be paid anything by an Estate. But you might start by looking at the Court File at Probate Court. It might list the claims or an accounting by the Administrator/Executor. Read the File verbatim. If it seems wrong, hire an attorney to examine the... Read more »

1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Can I challenge a will that was executed in 2001 during which time that I was incarcerated.I was released in 2018.

Brother was sole beneficiary among myself and 6 other siblings.feel will was coerced undue influence on mother who was in Alzheimer status

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

In my opinion no... Besides blowing the SOL, there are practical matters to consider. Witnesses will be nonexistent now. And most importantly, the real and personal property is almost assuredly gone by now. I recommend you do a title search on any real property to see if any title problems can... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My grandmother passed away with a $37,000 mortgage balance on her home. No written will. I am her oldest grandchild and

I moved in a few months prior to her death to help with her care as well as her oldest sons care who has dementia. She verbally willed me to keep the house and continue caring for my uncle whom is her oldest child. The verbal was received by my mother whom is the youngest. She passed away 7/2019. I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2020

You are not ready to sell anything, and if the Note and Deed of Trust is not serviced, the property will be foreclosed upon. Hire a competent attorney to determine heirship, then find a knowledgeable affiant to swear out an Affidavit of Heirship. That will be your source of title. Then the... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My grandmother died without a will. My father passed am I entitled to his share of the inheritance

She has only one other child and grand child. Is there a statue of limitations

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2020

Grandmother's heirs were determined at her death. And your Father's heirs were determined at his death. Without knowing all the facts, it is very possible that you take one-half of what Grandmother had. Arguably the 7 year SOL for adverse possession applies, but it rarely applies... Read more »

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