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Tennessee Probate Questions & Answers
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
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.
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.
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
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
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
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 »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Does this firm deal with contesting wills?

My mother passed away Oct. ‘17 and her brother forced her to write up a new will for him to inherit everything. She was suffering from severe dementia at the time and was not mentally there for the new will to be truly trusted. The most important issue is that what he inherited was not hers at... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 12, 2019

From your description it sounds like you need to consult with an attorney. There are numerous law firms that handle Estate and Probate work in Tennessee. Is your Mother's case still active in Probate? Based on what you are saying here, you should likely contest the will. If your mother was... Read more »

1 Answer | Asked in Criminal Law, Adoption, Probate and Wrongful Death for Tennessee on
Q: What is the distance that Tennessee will extradition

I'm living in Florida and I now have a probation warranty in Tennessee

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 9, 2019

I had a guy picked up in Philadelphia, PA by Tennessee Dectectives, because he did not serve his 48 hours for 1st time DUI. He was flown to Tennessee and put in jail.

2 Answers | Asked in Probate for Tennessee on
Q: It has been 2 years since the Deceased's death and the executor has not produce the will I am named in, what can I do?

My father passed away 2 years ago and my step-mother has not produced the Will to probate. I live in Washington State and I am dealing with this issue in Bradley County, Tennessee. My step-mother and I do not have a civil relationship. I was advised by my bankruptcy attorney to proceed with... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 30, 2019

You being in Bankruptcy is a big problem. I believe the Trustee can go after any interest you have up until 6 months after Discharge.. It looks like your Bankruptcy Attorney better check Title 11 USC. When it is advantageous for you, then you might file an Intestate Administration, and you can... Read more »

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1 Answer | Asked in Criminal Law and Probate for Tennessee on
Q: I’ve been on probation for 4 years I have 2 left can I get them unsupervised???
Anthony M. Avery
Anthony M. Avery answered on May 20, 2019

I do not know anything specific about your situation. But usually for my Clients that have paid their Court Costs, etc. and have not violated Probation, I make a Motion in Court to Modify the Sentence to a remainder of Unsupervised Probation. The are almost always granted. Get your lawyer to file... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: How to transfer a home after someone dies.
Anthony M. Avery
Anthony M. Avery answered on May 13, 2019

If no Will is Probated, then the Heirs-At-Law own the property by operation of law at the Decedent's death. Usually I perform a title search, then get an Affidavit of Heirship recorded, which is the Heirs source of title to the world. The Heirs can then convey amongst themselves or sell it. Taxes... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: How do i get the value of my 1/3 estate inheritance from surving spouse who is not acknowledging me?

Can you please advice me on how to handle my deceased (no will left)mothers estate thats supposed to be 1/3 mine and her 7 month of marriage spouse won't acknowledge that and has given and sold most of her items(diamond rings, tanning bed, etc)within 1st week of death while driving her 4 runner... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 10, 2019

You can file your Mother's Estate for Probate as an Intestate Estate. You would probably request to be the Administratrix if you had a good lawyer and wanted to actually go through the Probate process. If your Mother owned the house as a Spouse, then you are not an Heir as the Survivor takes... Read more »

2 Answers | Asked in Probate and Estate Planning for Tennessee on
Q: My Mom died and now step father died. Does his grown kids get the house ? No will does my sister and I have any rights?

House was in both their names. His kids have moved in the house. My sister and I got nothing.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Apr 24, 2019

Unable to answer without a review of the deed: when you say in was in "both names," Tennessee law assumes if they were married that "survivorship" rights exist and thus when your mom died, the step father became the sole owner by virtue of the survivorship rights ( the legal term is "tenants by... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: What do i need to do if my dad live me a lot of property and i can't handle all the property by myself?
Anthony M. Avery
Anthony M. Avery answered on Apr 18, 2019

Not sure of your question. But if there are several acres, then you can easily deed undivided interests as tenants in common to your next of kin, or you may be able to actually divide it up into separate tracts which you deed to individual relatives. The important thing is that property taxes... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My husband & his sister as tenants in common of their parents property. He died 12/2018. We want to sell I am his heir.

We are in Sumner Co, TN. Their mother quick claimed the property to her children as tenants in common before she passed away over two years ago. The title company said I have to probate his will to collect my share of the proceeds. If not they will hold my half of the proceeds for a year then... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 17, 2019

You are probably only a Tenant In Common with your Children as Heirs at Law of your Husband's real property. If the Will is not Probated it means nothing. By the end of May it will be difficult for anyone to go against his interest in the real property. You and your Family may wish to request a... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Probate for Tennessee on
Q: Being sued by previous car lender, with issues.

issues.

In 9/16, grandma cosigned a car for me. She had passed on 1/17. No probabte has been opened due to no funds upfront,& other heirs wont help. I had ankle surgery on 12/17, was off for 2 months, got behind on car payment. I got caught back up as good as I could.

In 6/18, I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 15, 2019

The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Can a will in TN supersede jointly-owned house being automatically transferred to surviving spouse?

Woman owned home jointly with husband and recently died. Her will states house should be sold to create trust for her disabled granddaughter, who lived with them. Since TN is a community property state, should the will be probated (just for this) and is it possible to force the husband to sell the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 18, 2019

Tennessee is not a community property State. You do not state exactly how the real property was owned. If it was a Tenants By The Entirety, the property is solely owned by the Survivor. If it was Tenant In Common, then 1/2 goes through her Estate. It may have been something else. Hire a... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: am i eligible to receive an inheritance?

My birth father signed rights over to me and I was adopted my my stepfather when I was 7. I received a letter from anattorney handling the estate of my birth fathers mother asking that i provide my birth certificate proving my identity. Can I receive an inheritance from the family of my birth... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 15, 2019

If you are designated as a Legatee or Devisee in anyone's Will that is Probated, then you should receive that Testamentary Gift. However you are potentially a Heir or Kin only from your actual (adopted) Father's Family. So you cannot inherit from your birth father's family. However you may... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: In Tennessee, how do you change the executor of a decedent's will?

Circumstances have changed since the will was originally written (over 30 years ago) including the health of the named executor as well as the wishes of the decedent. He asked me on numerous occasions to see to his final wishes and his beneficiary (the surviving spouse) would like me to step in and... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Feb 26, 2019

Yes, the executor named in the will can decline to serve- it is a voluntary position and no one can be compelled to serve. The Tennessee Code rarely provides forms for documents, so the refusal/resignation of the named executor will have to be prepared by someone- it doe snot have to be a lawyer,... Read more »

2 Answers | Asked in Probate for Tennessee on
Q: In Tennessee, if we can not get ahold of one of heirs, what do we do to legally to move on to dispose of assets per will
Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2019

There are Statutes dealing with the Distribution to Next-Of-Kin that cannot be located. The Court can order the distribution of small assets, and the Personal Representative can pay it over to the State Treasurer. You need to hire a competent attorney in Tennessee to close the Estate.... Read more »

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