Tennessee Estate Planning Legal Questions

You can either open an estate or let the check go to unclaimed property with the state comptroller's office and, after four to six years (It varies by state), submit proof of who the heirs are to attempt to reclaim it.  The preferred approach turns on whether your mother left anything beyond the final paycheck.... Read More

Take your court-issued Letters Testamentary or Letters of Administration and an EIN (available at www.irs.gov) to the bank to open an account in the name of the estate with you as executor or administrator.  Deposit the check.  Pay the estate's bills, including taxes, from that account.... Read More

A Will has no legal effect until a court admits it to probate (proving -- that it is the Will of the person who died). After the court appoints you executor (the Will only names you), you can open a bank account in the name of the estate and deposit the check. If your mother's estate consists of more than the check, it could be financially worth your while.  If not, it may not.  If it is not, you can let the check go to unclaimed property with the state comptroller and in four to six years (it varies by state), submit documents to show that you are entitled to the money.... Read More

You do not need a Will for this. You and your son's mother can use a Declaration of Guardian for Our Minor Child. This must be notarized. If you write your own Will, you are likely to make a mistake in the writing or in how it is signed, witnessed and notarized with all the specific language required. You may qualify for free representation through Volunteer Legal Services or for low cost representation through the Modest Means program of Lawyer Referral Services. Note that a minor cannot inherit: you Will must provide that your house, etc. will be held in trust for him until he is of age (or later) with payments made for his health, education, maintenance and support.... Read More

I'm happy to speak with you, however, having dealt with my own stepfather when my mother passed, you may not like what I tell you about how I surviving spouse has all the power, and surviving adult children have none. Again, I'm happy to speak with you. I obviously don't know all the facts, but the underlying reality that step-mom probably wins can be a harsh one. I'm not defending your current lawyer, like I said, I don't know the facts so how could I, but it may be they are not throwing you under the bus, there may just not be much they can do for you. I've lived this myself, and I do cases like this, and so let's talk. www.walshlawtn.com or  aaronwalsh@walshlaw.biz... Read More

I certainly agree with the attorney who said you need to hire an attorney, but the short answer is this: Those things titled or deeded to your mom and her husband are his. Yes he was designated as a POD beneficiary, things like bank accounts and insurance policies may also just go to him. For those things that would pass through the probate court, and figuring that out as one of many reasons you probably will want an attorney, spouse and surviving children would equally share assets, although he gets at least 1/3. Spouse is also  entitled to one year's financial support paid by the estate "off the top," and also entitled to all the personal property in the house etc.    ... Read More

Yes.  The executor or administrator of the estate (who is apparently not you) has a legal obligation to collect all the decedent's assets, pay his debts and deliver the remainder according to the terms of the Will or, if there is none, to the heirs at law under state law.  Since there is a widow and since you have living parents, it is hard to imagine that you are an heir at law under the law of any state.... Read More