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Tennessee Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My Mom died. Her land was held in an irrevocable sp. needs trust and I am sole heir. What do I need to do re: the deed?

My cousin is the Trustee and I have been in prison for a few years and don't know if there's a will or what to do. Advice would be greatly appreciated.

Nina Whitehurst
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Nina Whitehurst
answered on Feb 19, 2022

Your question cannot be answered without reviewing the trust and the deed, but chances are there is not a whole lot that needs to be done with respect to the titling of the property. The wonderful thing about holding land in a trust is when the settlor passes no probate is necessary.

1 Answer | Asked in Probate for Tennessee on
Q: Dad's will left home to me and my sister with the condition that she can reside there if she chooses. Can I charge rent?
Anthony M. Avery
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Anthony M. Avery
answered on Feb 18, 2022

No, you can only sue her for waste or destruction of your interest. From your question I cannot discern if you are a Tenant In Common or a Remainderman. Someone will have to pay taxes. That Devise and the entire Will should be carefully examined by your attorney.

1 Answer | Asked in Probate for Tennessee on
Q: My father passed in October and I need to know how to proceed with dividing his assets among his 4 children

He owns a house in Tennessee and my brother is currently living in the house.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 11, 2022

Decedent's real property goes to his Heirs and the personal property to his Next of Kin, which will be the same persons. But what family issue survived him needs to be determined and placed of record with an Affidavit of Heirship if not a Probate Administration. Probate or not usually... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Tn code annotated 35-50-110 is there anything I have to do or need to do as executor before i start working on her will
Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2022

Consult with a competent attorney now. Probate or not should be considered first.

2 Answers | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: In 2009 My dad passed away while I was still a minor,I am an adult now and wondering what my rights are?

when i was 3 mo old my mom met the man that would legally adopt me as his son, my mom passed away, a few years later my dad also passed away. I was still a minor, and was left to live with this relative...then passed around to the next relative until I turned 18 and was totally left on my own.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2022

As a practical matter, the personal property is probably gone. But that Deed is interesting. You need to search the title and check the taxes. It might be a very good case for a Partition Action. You will have to hire a competent TN attorney that knows real property litigation.

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1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: If you agree in an email to an offered amount. without any mention of negotiations. Is this binding?

In an real estate deal from one or multiple heirs to another heir

Anthony M. Avery
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Anthony M. Avery
answered on Jan 28, 2022

Are you wanting to enforce the agreement? If so, it will be difficult. If not, it is doubtful anyone will try to enforce it. Statute of Frauds may prevent it, and I doubt a tender was made on a date certain.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother recently passed away leaving no will. The only children were my brother and I but he has just recently passed.

My mother has a home that I know she wanted to leave with me becaused we've discussed it. I had a brother who passed away recently after my mother. My brother and I were in the process for me to have full ownership of the home because he was ill and residing in a nursing home and did not want... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 24, 2022

You have not stated what the title is. But it may result in you and the Son being tenants in common. If so, you may wish to have a lawyer draft a Deed with a proper derivation of title clause, and try to buy him out. Remember taxes, insurance and note payments must be made, or a foreclosure... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Planning for the future, what is the process once my Mom passes? She only has home furnishings in a small rental home.

Mom has a will listing me as the Executor and me an my sister as the beneficiaries. She rents a small condo and her only debts are the monthly rent and utilities. Her bank account is joint account with with me. Her only assets are the personal property in the home (furnishings, kitchen ware,... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 24, 2022

It does not appear that Probate would accomplish anything in your situation. In fact, it would attract creditors.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Property in TN, both owners are deceased. Can the only living decedent of one of the property owners Warranty Deed it?

Property in TN, both owners on the Deed are deceased. I was able to get in touch with Daughter (lives in KY) of the deceased. I want to purchase property from Daughter, will a Quit Claim Deed or Warranty Deed be needed? Or what is needed to purchase property from Daughter?

Anthony M. Avery
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Anthony M. Avery
answered on Jan 19, 2022

Hire a competent attorney to search the title, determine heirship and prepare a Deed. Warranty Deed can be used, but do you plan on suing the Seller? She might not want to give four covenants of title to property she has not had possession of. QCD is more likely her choice of conveyance.

1 Answer | Asked in Probate for Tennessee on
Q: Can i have my sister removed from ourparents house untill the will has been probated she is exsecator of the will

My parents will states there property and estate is to be split equally between me and my sister and ahe is is named to over see the will she is currently staying in my paremts house and was before they passes away to help them and i have recently found out that she is letting my nieces and there... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 18, 2022

Was the Will Probated? If not, it means nothing. You may want to hire an attorney to Probate the Will, or possibly remove her as Executrix. Ultimately you can file for a

Sale for Partition of the real property.

1 Answer | Asked in Probate for Tennessee on
Q: Should my lawyers be billing me thousands of dollars for their time as they handle the probate for my deceased brother?

My brother owned a house in Salton City, CA

Nina Whitehurst
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Nina Whitehurst
answered on Jan 16, 2022

Probating estates in California is very expensive. There lawyers do not bill by the hour the way they usually do in Tennessee. Instead they bill according to a statutory fee schedule that is based upon a percentage of the value of the assets. Probates in California are close to the most... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad's life insurance policy. His wife, myself, and my sister are listed as primary beneficiaries.

if wife passes before policy is cashed out; who is entitled to her part of the life insurance?

Anthony M. Avery
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Anthony M. Avery
answered on Jan 13, 2022

More than likely the Wife's Will Beneficiaries or her Next Of Kin. But there may be alternative beneficiary designations. In any event the Policy Beneficiaries may need a lawyer to make a claim on that Policy.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: I borrowed money from my father to buy a house. I am his only child. He does not a have a will.

What happens to this debt when he dies? He is listed on the deed as having a lien on the property.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 5, 2022

I do not understand that there is a lien in the deed language. Vendor's Liens have not been used for over 80 years. You are probably an heir if not the sole heir. If the sole heir, you also own the debt against your property, if it actually exists. Hire a competent attorney to search the... Read more »

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: What can be done if an a family member took a laptop and cell phone of a person that just passed home?
Nina Whitehurst
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Nina Whitehurst
answered on Dec 25, 2021

After being appointed by the probate court, the executor has the power to collect all of the decedents assets, including obtaining court orders to third parties to turn them over to the executor.

1 Answer | Asked in Probate for Tennessee on
Q: In Tennessee do I have to go through probate court.?

My grandmother passed away and left a will with me and my brother's name on the will. Everything is well documented in the will with everything going to just me and him. She left her 401k, money that she saved in her bank accounts ,car and,house all to use. She don't have any big debt... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Nov 30, 2021

Probate is how wills are administered. If there are assets that need to have the title/ownership changed, probate is how it is done. Take the bank account, for example. I assume it is in her name and she did not name a death beneficiary. You will not be able to collect that money by just... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: If will instructs sale of home and all heirs would like to keep home. Will we be forced to sell? What are our options.

Parents passed in 6/21 and 11/15. In 2015 I added on their home and moved in to provide care and monitoring. They were in agreement and seemed to be managing then I realized bills and payments were missing etc.. I took over paying the bills but this was from my funds to keep it simple and avoid... Read more »

Shanone Emmack
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Shanone Emmack
answered on Nov 8, 2021

If the Will directs you to sale the house then you may have to do so. I would like to read the will to say for sure.

You may make a claim against the estate for the house add-ons and bills you personally paid. However, in this case you cannot use the small estate affidavit option...
Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: If a husband/wife want to avoid probate and seek to establish a living trust. Is there one trust with both or one each?

In the state of Tennessee.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Oct 27, 2021

There is no one size fits all answer to your question. Sometimes a joint trust is appropriate and sometimes separate trusts. For advice personalized to your individual circumstances, you should schedule a consultation with an experienced estate planning attorney.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad died with personal loan in his name only. Is his wife liable to repay? All assets (not much) were jt, no executor
Anthony M. Avery
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Anthony M. Avery
answered on Oct 18, 2021

Some necessities and medical bills can be asserted against the surviving Spouse. But if no Probate Administration, it will be difficult for the Creditor even find a Defendant to serve. If the Decedent had real property, a Judgment Lien could be a real problem.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Does house and car need to go through probate in TN? Will leaves one child house and other car/guns.

Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Oct 15, 2021

Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Can the home and land be probated and auctioned if the decease was in Bankruptcy Court at the time of death ?

I was served with a summons by my stepdaughter

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 13, 2021

Usually real property is not an Estate Asset. But this might be an Insolvent Estate. Deceased Petitioners can receive a Chapter 7 Discharge, which might help the Estate be free of Claims. If the property is valuable, you will need to hire a competent attorney to look into this as it is... Read more »

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