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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 3
Do you have any Tennessee Probate questions page 3 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

We have a Notice of Hearing for Appointment of Conservator in Michigan but, we live in Tennessee and cant make the court appearance. What can we do?

Answered 7 years and 6 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You can file a written reponse with the court in Michigan. If your mother is competent, then she needs to be examined by a doctor here who can then fill out a form indicating that she is competent and file that with the court in Michigan.
You can file a written reponse with the court in Michigan. If your mother is competent, then she needs to be examined by a doctor here who can then... Read More

How do we settle my grandmother's estate since her only child is been declared incompetent by the court?

Answered 7 years and 6 months ago by Frank J. Steiner (Unclaimed Profile)   |   1 Answer
Have an attorney review the estate assets to determine if filing Probate is proper. If there is no will then the estate asets pass by the laws of intestacy - it is spelled out by the code (law).
Have an attorney review the estate assets to determine if filing Probate is proper. If there is no will then the estate asets pass by the laws of... Read More

Do we need an attorney to assign someone as a power of attorney for finances and loved one deed transfers?

Answered 7 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   2 Answers
You are not required by law to have an attoney prepare the documents as long as you can do them yourself and meet all the legal requirements. If you are not sure what the requirements are, then you need to hire an attorney. 
You are not required by law to have an attoney prepare the documents as long as you can do them yourself and meet all the legal requirements. If you... Read More

How can i see my late mothers will if my stepdad was beniftary

Answered 7 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If you are a beneficiary under the will, then he must share it with you. If you are not a beneficiary, then he does not have to share it with you.
If you are a beneficiary under the will, then he must share it with you. If you are not a beneficiary, then he does not have to share it with you.

Are there specific lawyers that can work with a disabled veteran to revise his will?

Answered 7 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Contact any attorney in your area and she/he should be able to do a will or at least refer you to some who can.
Contact any attorney in your area and she/he should be able to do a will or at least refer you to some who can.

what do need to file a conservatorship for my Mother

Answered 7 years and 9 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
check with the clerk of the court in your county that handles conservatorships and they will tell you. At the least you will need a doctor report saying that your mother is no longer capable of handling her affairs.
check with the clerk of the court in your county that handles conservatorships and they will tell you. At the least you will need a doctor report... Read More

My father passed away a few weeks ago he is married to his second wife l am his only child can she exculde me if she claims their is no will

Answered 7 years and 9 months ago by Frank J. Steiner (Unclaimed Profile)   |   1 Answer
No - she cannot exclude you. You may need to file probate to protect your interests. Based on the facts presented you will ben entitled to an intestate share of the estate.
No - she cannot exclude you. You may need to file probate to protect your interests. Based on the facts presented you will ben entitled to an... Read More

I was included in a trust which was ignored. almost one year has passed since the parent passed. can i put this into probate before the year is up?

Answered 7 years and 10 months ago by Frank J. Steiner (Unclaimed Profile)   |   1 Answer
Yes - you can open a probate. But you need to have an attorney review the trust and the will to determine the best manner to file.
Yes - you can open a probate. But you need to have an attorney review the trust and the will to determine the best manner to file.

I'm 73 years old and I need to draw up a will to insure that my granddaughter gets my house when I die and not my son or daughter.

Answered 7 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   2 Answers
Contact an attorney who deals in wills and set up an appointment to meet with the attorney.
Contact an attorney who deals in wills and set up an appointment to meet with the attorney.

do you have to file in probate court

Answered 7 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You need to speak with a probate attorney to have the will admitted to probate and a personal representative appointed. This is the only way to have the property title transfered into the children's name.
You need to speak with a probate attorney to have the will admitted to probate and a personal representative appointed. This is the only way to have... Read More

IRA that wasn’t submitted to the irravocable trust. I have the power of attorney but the owner of ira Is trying to take A cash out.

Answered 8 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
When it doubt, get a judge's permission.
When it doubt, get a judge's permission.

If my parents will states that I am to get 25% apon the sale of their property witch sold for 462,000 am I supposed to get the whole 25% of 462,000

Answered 8 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
I am not understanding the % that you have listed because I do not know who "you" are in this situation. The % that you have listed add up 125%.
I am not understanding the % that you have listed because I do not know who "you" are in this situation. The % that you have listed add up 125%.

Living Will in Tennessee

Answered 8 years and 3 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Right now you and your husband own the home such that when the first of you dies, then the survivor gets all of the house. You could do what you want through a new deed on house (if there is no morgage) and a last will and testament.
Right now you and your husband own the home such that when the first of you dies, then the survivor gets all of the house. You could do what you want... Read More

how much to obtain a living will in tennessee

Answered 8 years and 4 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Each attorney sets their own prices. However, you can expect to pay a minimum of $300-$500 for a basic will.
Each attorney sets their own prices. However, you can expect to pay a minimum of $300-$500 for a basic will.

My great Aunt is very sick. Checking to see what I need to do to get things in order. Her will leaves every thing to my Dad who passed away.

Answered 8 years and 4 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You will need to consult with an attorney in person to answer these questions.
You will need to consult with an attorney in person to answer these questions.

Can real property in Tennessee be titled "party A, payable on death to party B?"

Answered 8 years and 5 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
The title to the  property can be worded in such a way that you keep to yourself a life estate and than upon your death your son gets it.
The title to the  property can be worded in such a way that you keep to yourself a life estate and than upon your death your son gets it.

What to do about a default judgment against you because your lawyer went over 30 days to respond

Answered 8 years and 5 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You need to file a complaint with the Board of Professional Responsibility against the lawyer and file a rule 60 motion with the court to set aside the default judgment and allege that your lawyer was at fault.
You need to file a complaint with the Board of Professional Responsibility against the lawyer and file a rule 60 motion with the court to set... Read More

My half sister passed away july 17 2017...my other sister has moved into my decesed sister home...she has not filed any papers with an attorney .

Answered 8 years and 5 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You need to speak with a probate attorney in your area.
You need to speak with a probate attorney in your area.

My dad passed. His wife says the will was made by him at her discretion. My dad had an insurance policy on me. She says its no funds. Only at hersayso

Answered 8 years and 6 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Without seeing the will, I can not advise you.
Without seeing the will, I can not advise you.

friend died a couple of weeks ago, and she owned 2 properties in chester county tn, she didn't have a will how does my kids get prop. in their name

Answered 8 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If your friend died without a will, then the property goes to her heirs. If your children were not heirs to her, then they can not get the property.
If your friend died without a will, then the property goes to her heirs. If your children were not heirs to her, then they can not get the property.

What happens to property owned in Tennessee owned by husband and wife who have only one child when both parents die?

Answered 8 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Assuming no will, then the child would inherit the property.
Assuming no will, then the child would inherit the property.

Can a will be contested

Answered 8 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Based upon the limited facts that you stated, I can not tell you if your have a case or not. If your mother had a will and died, her husband can not change her will after she dies. It sounds like she left everything to him.  He can however, change his will and leave everything to his children, which is his right.... Read More
Based upon the limited facts that you stated, I can not tell you if your have a case or not. If your mother had a will and died, her husband can not... Read More

What is the average fee to have a will made?

Answered 8 years and 8 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Each attorney charges his/her own fee. Can't tell you an average.
Each attorney charges his/her own fee. Can't tell you an average.

Can I contest a Will that is in probate in another state?

Answered 8 years and 8 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Yes, but only if you are an heir-at-law or a beneficiary under a will.
Yes, but only if you are an heir-at-law or a beneficiary under a will.

My mother passed and left a will. The will name me and my two other brothers in it but left my Stepfather as beneficiary. We asked about the money and

Answered 8 years and 8 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Not sure what the question is. If your mother left her entire estate to her husband, that is her right to do so.
Not sure what the question is. If your mother left her entire estate to her husband, that is her right to do so.
Wills and Probate
Tennessee

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