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COVID-19 Tennessee Probate Questions & Answers
2 Answers | Asked in Estate Planning, Elder Law and Probate for Tennessee on
Q: If my father's life insurance is paid to my mother's estate can it be taken by creditors my parents owed money to?

My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... View More

Nina Whitehurst
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answered on Apr 25, 2021

You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other... View More

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad lived in Tennessee and recently passed away. We couldn't locate a will.

He was found deceased in his home after being dead over a week, along with water damage turning into mold and fear of his passing being from Covid. His brother and I could not locate a will in his apartment. We did visit his bank to notify them of his passing. The only information we got in return... View More

Anthony M. Avery
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answered on Jul 21, 2020

What is the probable size of the Estate? What kind of properties? Did he have alot of creditors? These are questions for a competent attorney, not for what you think is the correct thing to do. You might need to file Probate, and you might not. Do not initiate Probate unless you think you... View More

1 Answer | Asked in Probate for Tennessee on
Q: I received a stimulus check addressed to my deceased father who passed in 03/2019. Do I return the check or keep?

If return, how and where to send if keep, how do I cash or deposit it?

Shanone Emmack
Shanone Emmack
answered on Apr 24, 2020

I recommend doing nothing with the check. It is intended to go to your father to help with any financial difficulty during Covid-19. You could try to contact the IRS but no one is likely going to take your call . It would be illegal for you to personally cash the check and put it in your account... View More

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