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Tennessee Probate Legal Questions

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124 legal 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 - Page 2
Do you have any Tennessee Probate questions page 2 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

Can my moms husband change the door locks?

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
State law determines who gets what when there is no Will.  Even when the surviving spouse is not entitled to full ownership, he often has a lifetime occupancy right.  Contact a probate lawyer who practices in the county in which your mother lived and died to protect your rights.
State law determines who gets what when there is no Will.  Even when the surviving spouse is not entitled to full ownership, he often has a... Read More

Do you have to go through probate if you have little assets in Tennessee

Answered 5 years and 7 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer
If your estate was probated, it would be a small estate and so not too difficult. Nobody might ever open probate if there were no real assets or debts. If you do a living gift of your assets, then have the recipients loan your stuff back to you, you can deal with your misc stuff.
If your estate was probated, it would be a small estate and so not too difficult. Nobody might ever open probate if there were no real assets or... Read More

Which will is used in this situation?

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
You are, I think, mistaken in thinking that a spousal election against the Will means that everything, rather than the spousal elective share, goes to the spouse.  Take all the documents to a probate attorney who practices in the county in which your mother died.
You are, I think, mistaken in thinking that a spousal election against the Will means that everything, rather than the spousal elective share, goes... Read More

How do I deposit a check made out to the estate of in c/o myself. Amount is $690.00. I am admin & exec & beneficiary. No other checks coming or asset

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes, you may just want to let the $690 go and, after four to six years have passed (it varies by state), apply to the state comptroller's lost property office.
Yes, you may just want to let the $690 go and, after four to six years have passed (it varies by state), apply to the state comptroller's lost... Read More

How much will it cost to have a will prepared and also interested in transfer-on-death deed...

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
The cost varies.  You will not get a quote on a national listserv but must call attorneys in your area.
The cost varies.  You will not get a quote on a national listserv but must call attorneys in your area.

What happens when you fail a drug test on probation go to jail get out then they drug test you again not even a week after the first one

Answered 5 years and 8 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer
They can check levels. If you are only positive for the same thing, with lower levels, it probably won't be a violation.
They can check levels. If you are only positive for the same thing, with lower levels, it probably won't be a violation.

My brother died in Memphis; no will, no children, no parents, no spouse. My older brother and I are only siblings.

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Rest easy.  You can let a creditor apply to settle the estate.  You need do nothing.
Rest easy.  You can let a creditor apply to settle the estate.  You need do nothing.

did I have to get attorney if i am the only heir to be able to but my moms home and automobile in my name

Answered 5 years and 11 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   2 Answers
I agree with the attorney who answered previously if your question meant to say "but the house and car are in my name." It occurred to me that might be a typo and your question was about putting the house and car into your name. If your mother died without a will and you are the only air, to get title to her assets you will have to open an estate for her in the probate court. If there are no significant creditors and truly no other errors, it is possible you could finish that process with no attorney, however I don't think any attorney who goes to probate court would advise you to do that. Depending on the value of the house it's probably a pretty simple probate, but "simple" means something a little different when you're talking about going to court.... Read More
I agree with the attorney who answered previously if your question meant to say "but the house and car are in my name." It occurred to me that might... Read More

Do I need a lawyer to protect my interests?

Answered 5 years and 11 months ago by Aaron Gabriel Walsh (Unclaimed Profile)   |   1 Answer
The release of liability is probably standard language but also important. Your sister as executor and the attorney have a legal duty to the estate not to deplete it wrongfully, and to make a full accounting. It's very unlikely the attorney would risk their law license to help your sister "steal," but if you are worried, I would encourage you to have a separate attorney. The estate attorney will be paid from the estate, you will have to pay yours, but if we are talking about more estate $ than a legal fee, that math makes sense. Even if they just review it and put you at ease, it may save a lifetime of suspicion and anger between you and your sister.... Read More
The release of liability is probably standard language but also important. Your sister as executor and the attorney have a legal duty to the estate... Read More

Do I owe my deceased husband medical bills?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Your husband's estate owes the bills.  Your, personally, so not.  You may want to see a local probate lawyer to learn whether you can set aside the house and certain funds from possible collection by creditors.  Please note that only the federal government can garnish your Social Security.... Read More
Your husband's estate owes the bills.  Your, personally, so not.  You may want to see a local probate lawyer to learn whether you can set... Read More

I never probated my Mother's 2011 will. What do I need to do to get her house put in my name? I continue to live in the house.

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
In most states, you need only file the Affidavit of Heirship.
In most states, you need only file the Affidavit of Heirship.

can The administrator sell property belonging to the estate with renters still in it if buyer assumes the responsibility?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Why not?  Ask your probate lawyer to get a written agreement with the buyer.
Why not?  Ask your probate lawyer to get a written agreement with the buyer.

Do I need to file a will if the deceased didn't own anything

Answered 6 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Doesn't sound like you need to open a probate estate.
Doesn't sound like you need to open a probate estate.

Can a deceased persons mother take executor over child heirs maternal mother?

Answered 6 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If you were not married, then you have no interest in his estate and the children would inherit. You only interest is as the mother of the children.
If you were not married, then you have no interest in his estate and the children would inherit. You only interest is as the mother of the children.

What is the cost to have heirs give property to a dingle heir mutually?

Answered 6 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You are going to have to open a probate estate in the county where she lived. Then your brothers and sister can convey their interest in the  property (house and car)  to you. You would have to refinance the house in your name if you go this route.  However, if you are trying to avoid having to go through the probate court, there is a way but it has a risk. You would need to call me for me to explain it to you.... Read More
You are going to have to open a probate estate in the county where she lived. Then your brothers and sister can convey their interest in the... Read More

: In a will person B has been stated in the will to recieve ins and bank accounts, however person A is the benificiary of the ins and bank account How

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
If the insurance policy designated A as the beneficiary and the bank account is pay on death to A, these will pass to A.   Non-probate designations trump wills.
If the insurance policy designated A as the beneficiary and the bank account is pay on death to A, these will pass to A.   Non-probate... Read More

Do you protest wills

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
From your description, it seems unlikely that a court would have admitted the Will to probate (proving it was the duly executed last Will, what the person owned and owed and who should receive the rest).  A Will has no legal validity until a court admits it to probate and appoints an executor.  If this has not been done, hire a local probate lawyer to apply for a determination of heirship.  Your description suggests that your siblings would receive less as heirs than they took.  Perhaps they will produce the "Will" for probate and the court will reject it, dividing your mother's estate among all her heirs at law.... Read More
From your description, it seems unlikely that a court would have admitted the Will to probate (proving it was the duly executed last Will, what the... Read More

How to get the money from my mothers unclaimed property under 50,000.00 but overv10,000

Answered 6 years and 5 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Contact the Unclaimed Property Division on the letter and ask them.
Contact the Unclaimed Property Division on the letter and ask them.

Do I need to go to county clerk to file discoveries against a motion to withdraw and for lien on file ?

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Discuss this with the attorney.  If you are not satisfied, you can file a grievance with the state bar.  If you have good evidence of a violation of the rules of professional conduct, the state bar will investigate.
Discuss this with the attorney.  If you are not satisfied, you can file a grievance with the state bar.  If you have good evidence of a... Read More

Start a probate will

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
The power of attorney became ineffective the moment your mother died. Hire a local probate attorney to help you probate the Will.
The power of attorney became ineffective the moment your mother died. Hire a local probate attorney to help you probate the Will.

What do we do now that our mother has passed and has an USDA home she has been living there for over 30 years and my brother also lives there

Answered 6 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You need to contact a probate attorney in your area.
You need to contact a probate attorney in your area.

What can I do?

Answered 7 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If the will is not signed by your father, then it is not valid. In the case of someone who dies without a will and no spouse, then child are next in line to inherit. Children come before grandchildren.
If the will is not signed by your father, then it is not valid. In the case of someone who dies without a will and no spouse, then child are... Read More

What type of attorney is best.

Answered 7 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Small estate of under $25,000 and no real property, just go to the probate court clerks office and they can walk you through the process of open a small estate. No attorney needed.
Small estate of under $25,000 and no real property, just go to the probate court clerks office and they can walk you through the process of open a... Read More

We have wills. We want to know what happens in the case of our deaths, and whom our children should contact.

Answered 7 years and a month ago by Patrick Johnson (Unclaimed Profile)   |   2 Answers
Because of your situation, more planning is needed. Contact me and we can meet to discuss what you could do.
Because of your situation, more planning is needed. Contact me and we can meet to discuss what you could do.

What process would I go through if a will was done and my sister states that everything was left to her and she is over everything?

Answered 7 years and 4 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Since it has been 3 years since your dad died, there is nothing that can be done. If your mother chose to leave everything to her sister, that is her right to do so.
Since it has been 3 years since your dad died, there is nothing that can be done. If your mother chose to leave everything to her sister, that is her... Read More
Wills and Probate
Tennessee

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