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Tennessee Probate Legal Questions

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124 legal [2, *]questions have been posted about wills and probate by real users in Tennessee. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
Tennessee Probate Questions & Legal Answers
Do you have any Tennessee Probate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 124 previously answered Tennessee Probate questions.
Wills and Probate
Tennessee

Recent Legal Answers

My father is dead and I'm my father's only child. In the state of Tennessee what do I need to do to get his truck in my name ?

Answered 4 months ago by attorney Mr. Walter E. Grantham III   |   1 Answer
Mr. Walter E. Grantham III
Assuming the truck is paid off and that your father was not married at the time of his death, you can file an Affidavit of Inheritance form with your local tag office.  You can get the form at the tag office or download it at the Tn Dept. of Revenue site.  Take the current title and a certified copy of the death certificate. Of course, you'll need to your own ID with you, too. GI-4 - Inherited Vehicle - Title/Registration Process – Tennessee Department of Revenue  ... Read Answer
Assuming the truck is paid off and that your father was not married at the time of his death, you can file an Affidavit of Inheritance form with your... Read Answer

Hidden Inheritance - Will/probate/Estate Attorney Advice

Answered 8 months ago by attorney Stephen Arnold Black   |   1 Answer
Stephen Arnold Black
Inheritance is generally characterized as separate property and as such is not subject to division upon divorce like marital property is. However, if the income generated from that asset increases your ex's income then that income should be included in his income and expense declarations in order to compute support payments like alimony and child support. ... Read Answer
Inheritance is generally characterized as separate property and as such is not subject to division upon divorce like marital property is. However, if... Read Answer

I need information on contesting a will.

Answered 2 years and 7 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer
no photo
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read Answer

My mother is deceased 1.5 years ago. Hospital has asked for $650 from her estate. The estate has been distributed, can I just ignore?

Answered 3 years and 3 months ago by attorney Susan Kathleen Morath   |   1 Answer
Susan Kathleen Morath
Hello - your question showed up to me as an attorney in Colorado.  I don't know if perhaps your mother passed away in Colorado, as I see that you are in Tennessee.  In Colorado a claim against an estate is barred (i.e., no longer valid) after one year following death (sooner if notice has been sent to the creditor).  If she passed in Tennessee, its laws would govern, but it may have a similar law.... Read Answer
Hello - your question showed up to me as an attorney in Colorado.  I don't know if perhaps your mother passed away in Colorado, as I see that... Read Answer

My mother died 2019 and my step dad and her were married when they inquired few properties he said I have no right to any of it I'm in tennesee

Answered 4 years and 6 months ago by attorney Kevin L. Dixler   |   1 Answer
Kevin L. Dixler
How does this relate to immigration law?  More information is needed about how the property was owned.  It is unclear if your mother had a will and whether you had an interest or rights under Tennessee law. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer
How does this relate to immigration law?  More information is needed about how the property was owned.  It is unclear if your mother had a... Read Answer

what is the average cost to do a will ?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
This varies with location, lawyer and the nature of the estate planning.  Call around.
This varies with location, lawyer and the nature of the estate planning.  Call around.

Yes my mom passed away when I was sick and in and out of hospital she had wanted to see me to sign so I dont no what happened to her house or anythin.

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
A Will becomes a public document when it is submitted to a court for probate (proving that it is the Will of the person who died).  Check the local probate court.  If your mother died over a month ago and the Will has not been submitted for probate, there may have been no Will or someone may need an incentive to submit it.  Hire a local probate lawyer to help you file an application to determine heirship and be appointed to administer your mother's estate.... Read Answer
A Will becomes a public document when it is submitted to a court for probate (proving that it is the Will of the person who died).  Check the... Read Answer

How do I get a Medallion stamp

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
A bank issues a medallion stamp saying that you are you.
A bank issues a medallion stamp saying that you are you.

I am an hier but the executor who is not related and a lawyer does NOT talk to me. I call and ask questions and he never returns my calls. How is this

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
The executor and the executor's lawyer have no duty to talk with you.  More than a year after the court appoints the executor (the length of time varies from state to state), a beneficiary may demand an accounting.  This gives the heir time to collect the assets, pay the debts and file the final tax return. ... Read Answer
The executor and the executor's lawyer have no duty to talk with you.  More than a year after the court appoints the executor (the length of... Read Answer

When the deceased has no will and still owes on a car, who can takeover the car?

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Most state DMVs have a downloadable form transferring title when there is no Will or no Will will be probated.  Title transfers to all the children (if there is no surviving spouse).  Insurance should be obtained for any driver-owner who is not bought out.
Most state DMVs have a downloadable form transferring title when there is no Will or no Will will be probated.  Title transfers to all the... Read Answer

The so called "exucutive" had me removed from my aunt's when she died by the cops & w/out any belongings I had been taking care of her &the property.

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Yes -- but only after a court appoints him executor.  That could not possibly have happened the same day your aunt died.
Yes -- but only after a court appoints him executor.  That could not possibly have happened the same day your aunt died.

My mother passed away on April 4th 2021 I was her caregiver and lived with her I wrote and signed all her checks my brother is questioning sum of the

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If your mother named you her agent under a Durable Power of Attorney, you had legal authority to write checks and make credit card purchases on her behalf during her lifetime. If there is a Will dated later than the 1999 Will, the later Will governs.
If your mother named you her agent under a Durable Power of Attorney, you had legal authority to write checks and make credit card purchases on her... Read Answer

Can I get the house my father and I built back?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
No one can predict the success of your suit.
No one can predict the success of your suit.

What are my rights after my attorney was disbarred?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
You may need to raise the possibility of filing a grievance with the state bar and perhaps suing the lawyer for malpractice.
You may need to raise the possibility of filing a grievance with the state bar and perhaps suing the lawyer for malpractice.

What does the petitioner is a legal sibling of the decedent mean

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
"legal sibling of the decedent" means a brother or sister of the person who died.
"legal sibling of the decedent" means a brother or sister of the person who died.

Property belonging to acquaintances of my late mother

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If the person had wanted to secure her possession, she should have entered into a written agreement.  Two months is plenty of time to wait.
If the person had wanted to secure her possession, she should have entered into a written agreement.  Two months is plenty of time to wait.

I live in wixco and my mom passed away in Tenn this past week.. she left a will and a policy of some kind. Now my sister in Tenn says they are not goi

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
A Will has not legal effect until a court admits it to probate.  Once it has been submitted, it becomes a public document.  Check with the probate clerk of the county where your mother died.  If the Will has been submitted to probate, ask for a copy.  If not, inform your sister that it must be. Life insurance only passes under the Will if there is no one named as designated beneficiary in the life insurance policy.  If you are named, the life insurance company will talk to you.... Read Answer
A Will has not legal effect until a court admits it to probate.  Once it has been submitted, it becomes a public document.  Check with the... Read Answer

Living in my late mother's house

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
A home is only subject to foreclosure for property taxes or mortgage liens.  You may ignore the creditors.   Please note that neither an Affidavit of Heirship nor a quitclaim deed pass title.  After the Affidavit of Heirship has been of record in the county deed records for five years, a court will rely on it.  A title company may in some circumstances rely on it earlier.  A quitclaim deed notes that someone quits their claim to an easement, such as a right to use a neighbor's driveway.  That is all.... Read Answer
A home is only subject to foreclosure for property taxes or mortgage liens.  You may ignore the creditors.   Please note that neither an... Read Answer

Probate

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If your mother left the property to her husband by Will, it is his to do with as he wishes, including leaving it to whomever he wants by Will or allowing it to pass to them through the Tennessee laws of inheritance. In some states, but not necessarily Tennessee, children of a previous marriage inherit their mother's share while the stepfather keeps his.... Read Answer
If your mother left the property to her husband by Will, it is his to do with as he wishes, including leaving it to whomever he wants by Will or... Read Answer

In the state of TN if a quick claim deed is wrote 2016 and never registered the court until after the grantor passes 4 yrs later, then is it legal?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
A quit claim deed does not pass title.  It states that someone quits their claim to use someone else's land, for example, an easement over a neighbor's driveway. A deed is not recorded with the court but with the county clerk.  While recording is evidence of delivery, making the deed legal, delivery can be made in other ways.... Read Answer
A quit claim deed does not pass title.  It states that someone quits their claim to use someone else's land, for example, an easement over a... Read Answer

How do I get death certificate

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
As a member of the immediate family you can apply to the bureau of vital statistics.
As a member of the immediate family you can apply to the bureau of vital statistics.

How to prove my grandmother not in her right mind

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Report this to Adult Protective Services and look for a local attorney who will represent you in applying to become your grandma's guardian.  You may also want to consult an elder law attorney near you.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read Answer
Report this to Adult Protective Services and look for a local attorney who will represent you in applying to become your grandma's guardian. ... Read Answer

Wills and probate

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
No.  In some states this is a crime.  In some states executors will "find" a Will after an application to determine heirship is filed.  Contact a probate lawyer who practices in the county in which the person died.  The local probate court or state bar may have a list.
No.  In some states this is a crime.  In some states executors will "find" a Will after an application to determine heirship is... Read Answer

Rights to property

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
It appears that any wife is dead.  If so, the children would inherit.  These include your son.  He must apply for a determination of heirship.  Depending on his age, you may be able to apply on his behalf.  Contact a probate attorney who practices in the county in which the father died.... Read Answer
It appears that any wife is dead.  If so, the children would inherit.  These include your son.  He must apply for a determination of... Read Answer

I just found out my grandmother passed away in dec 2018. Was always told by her that I wouldn't have anything to worry about when she passed.

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Check the records of the probate court where you grandmother lived and died.  Note that in saying that you "wouldn't have anything to worry about," your grandmother may not have meant that you would be financially set for life but that she had made her final arrangements.
Check the records of the probate court where you grandmother lived and died.  Note that in saying that you "wouldn't have anything to worry... Read Answer
Wills and Probate
Tennessee

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