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Tennessee Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: If a will can't be found and the estate goes to probate, does the length of marriage factor into what a spouse receives?

For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 27, 2022

That is a good question because the surviving spouse's share is different depending on whether or not there is a will. If there is no will, like my colleague Mr. Avery stated, the surviving spouse's share is determined by the laws of intestate succession. At the risk of oversimplifying,... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: How do I go about getting a copy of my father's will in Tennessee?

I believe my brother overlooked an entry.

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

You will have to ask your father for a copy. He is the only one that has the authority to release the original or copy of his will, for as long as he is alive.

1 Answer | Asked in Probate for Tennessee on
Q: If real estate is passed in probate from a pour-over will to a rev trust, do the beneficiaries still get step-up basis?

If so, I assume you have to first deed it to the trust and then deed it to the beneficiaries before selling, correct?

Thanks!

Nina Whitehurst
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Nina Whitehurst
answered on Jun 9, 2022

The answers to your questions are yes and yes.

1 Answer | Asked in Probate for Tennessee on
Q: Can property be sold while going through probate?

Creditors have been notified about the probate. If they chose to respond, will they reply to the attorney's office? If they do not respond, will the debit still be required to be paid?

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2022

Some creditors (like TENNCARE) do not have to respond, and yet must get paid and released. Most creditors will have to perfect their claims with the Probate Court, but some can file up to a year from date of death. Some unperfected claims will be denied. Your attorney should have told you this.

1 Answer | Asked in Probate for Tennessee on
Q: I have an attorney working an estate through probate. I have tried repeatedly to get them to respond. Any suggestions?

I sent several emails that have gone unanswered. I have been in the office and still get frustrated blank looks. I hate to start over since the process has already begun, but I’m at a loss as to how to my questions answered.

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2022

If a Probate Case has not been filed yet, then you need to determine if Probate is necessary in the first place. An analysis of the properties involved must be performed first, and it sounds like you may have jumped straight to Probate just because you thought you had to. If the Estate is being... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father passed away yesterday without having a will. He Don’t have any property or land he only has $1200 in an accoun

He died without any insurance I was trying to get the money to go toward his funeral expenses. I’m his biological son

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

You can check to see who are the authorized signatories on the account with the Bank. But if he owned it individually, noone else has access to it right now. Sometimes a Bank will consider an Affidavit of Heirship as evidence of the Next Of Kin entitled to the personal property. Otherwise you... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Probate for Tennessee on
Q: What can I do to stop a person from quick deeding my house to themselves as if I sighed my house over to them?
Anthony M. Avery
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Anthony M. Avery
answered on Apr 28, 2022

Not sure of your question. But if they have no source of title, then the grantor cannot convey. There could be a felony involved for a totally wild deed. But worse they may claim some authority, and you will have to file a very difficult, expensive case in Chancery to set aside the fraudulent... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: How do I update home title. How do I find out how title is held and whether it needs to be part of the probate. My name

is on DEED.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 29, 2022

Typically a home title is "updated" using a deed, but the proper method depends on the reason for the "update".

A real estate attorney or title company can help you research how title is held. Regarding probate, your question is unclear.

You refer to...
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1 Answer | Asked in Probate for Tennessee on
Q: My brother passed away & my 2 sisters & I (heirs- no will) agreed one sister would Executor. Can that be revoked?

My brother passed away with no will and me and my two sisters are the heirs. He left no will. We agreed the one sister would be Executor and have signed papers back in Feb. but because she lives out of state, we are still waiting for approval and probate to begin.

She is making bad... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 29, 2022

It does not sound like Probate has been filed yet. If not, you can Petition the Court to be the Administrator. If Probate has begun, then you can file a Motion To Remove her For Cause. But initially you need a competent TN attorney to examine the assets and determine whether Probate is... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Husband passed in Nov. 2021, all contracts were in his name only (except Deed/Trust on house).Am unsure how to get my

home into my name to sell. Only creditor is mortgage co., I am surviving spouse, no children living. What do I do NOW? If mortgage files a claim, does that mean I have to pay it off before I can sell?? Confused senior lady appreciates answers. Is in Probate, I am administratix of estate (such as... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 28, 2022

There are too many facts missing to answer your questions. There are no one-size-fits all answers. But you might find some general rules helpful.

First, as a general rule, real estate is not a probate asset in Tennessee, but there there are some pretty huge exceptions, so you should...
Read more »

1 Answer | Asked in Probate for Tennessee on
Q: If my mothers estate is in probate and I live in her house, does my brother have the right to come in whenever he wants?

I’ve lived here for 6 years and she passed last month. The estate is in probate. My brother and I are administrators over estate. He’s not seen my mother in 4 years.

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

Yes as he is apparently an Heir as well as an Administrator. But I doubt the real property is part of the Probate Estate.

1 Answer | Asked in Probate for Tennessee on
Q: What if an inherited property worth 2 million will not sell?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 13, 2022

If you have exposed it to the market for a reasonable period of time and it has not sold, that suggests that the price is too high. Maybe try lowering the price.

2 Answers | Asked in Criminal Law, Real Estate Law, Elder Law and Probate for Tennessee on
Q: Can a warranty deed have paragraphs that don’t line up and copy lines

Warranty deed looks homemade from mother to husband and refinanced on same day 2 diferant insurment # now he’s tring to sell I’m her daughtery’ need stop all property

Richard W. Noel
Richard W. Noel
answered on Mar 8, 2022

if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: my father passed in December. He left a home and a will. Do have to file for probate?

I am the executor of the estate. the home is worth about 170000

Anthony M. Avery
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Anthony M. Avery
answered on Mar 7, 2022

Consult with a competent attorney about whether you need Probate or not. This is a public forum. It is doubtful Probate is needed here.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My MIL recently passed away. Four years ago she Quit Claimed her house to My wife and I.

She was on Medicare and debt free except for some final hospital expenses. Can we change the deed over to our name to begin renovations or does it still need to go through probate? Thank you.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

You have something mixed up: either she conveyed it to you and your wife; or died owning it. If she did not deed it already, then it is owned by her Heirs. In that circumstance, hire a competent attorney to search the title, determine heirship and record an Affidavit of Heirship.... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Petition for testate administration what is that

If I am 1 of ten heir's to a estate worth 1.8 million does that mean I will be getting $180,000

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 27, 2022

The percentage share of each intestate heir depends on degree of kinship and how many heirs there are at each level of kinship. A probate attorney can help you chart it out and determine your percentage or fractional share.

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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

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