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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 4
Do you have any Tennessee Probate questions page 4 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

Father dies in accident his mom and dad came to home I was living with my father in and took everything from me can they do that

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

If your father die and don't have a will , but he's married and have outside kids. How do that work towards his estate.

Answered 8 years and 8 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
His wife gets 1/3 of his estate the 6 kids split the other 2/3 of his estate.
His wife gets 1/3 of his estate the 6 kids split the other 2/3 of his estate.

Who gets the estate if my mom died and her sister and her daughter are the only survive

Answered 8 years and 9 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If she had no will, then the daughter would get it. Not sure where you live but if the Middle Tennessee area, feel free to call me and I will explain the procedure. If outside of mid-Tenn, consult with a probate attorney in your area.
If she had no will, then the daughter would get it. Not sure where you live but if the Middle Tennessee area, feel free to call me and I will explain... Read More

Does brother have to give copys of will to other syblings

Answered 8 years and 9 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Yes he has to give her a copy of the will. Being an executor or executor does not mean that you get the property in the will. It means that each is given the authority and responsibility to make sure that the wishes of the testator are followed as set forth in the will.
Yes he has to give her a copy of the will. Being an executor or executor does not mean that you get the property in the will. It means that each is... Read More

My mother passed away on December the 19th 2016 and I am receiving checks under her estate I do not have a checking account can you help me open one

Answered 8 years and 11 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Call me on my cell phone and lets see what we can do.
Call me on my cell phone and lets see what we can do.

Weather Paris on 12 19 2016 how do I prorate estate what do I need to do that

Answered 8 years and 11 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
To complicated to answer in writing. You need to consult with an attorney.
To complicated to answer in writing. You need to consult with an attorney.

We made wills in New Jersey when our kids were young. We now live in Tennessee. Our our wills still valid?

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Yes they are still valid.
Yes they are still valid.

Does a Disability Trust with beneficiaries go through probate in Tennessee?

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Since the answer to the question depends upon the wording of the trust and its status, you will need to consult with an attorney in your area for the answer to your question.
Since the answer to the question depends upon the wording of the trust and its status, you will need to consult with an attorney in your area for the... Read More

Does a Disability Trust with beneficiaries go through probate?

Answered 9 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Sorry, this is too specific a question. You need to look for a trust attorney in the county where you live.
Sorry, this is too specific a question. You need to look for a trust attorney in the county where you live.

My father passed away 2 weeks ago and there is a stepdaughter living on the property and is saying there is no will what do I do

Answered 9 years ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
I'm sorry for your loss.  I recommend petitioning  the probate court for the county where your father lived to seek appointment as executor of his estate.  As part of the petition, you can state that you have not found a Will.  If you believe that there is one and the stepdaughter is not producing it, you can state that too and the court will require her to produce the Will if there is one.  Good luck.... Read More
I'm sorry for your loss.  I recommend petitioning  the probate court for the county where your father lived to seek appointment as executor... Read More

If there are two wills one done in 2004 and another in 2014 which will is valid?

Answered 9 years and a month ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
The 2014 will is the latest in time and therefore the valid one if he was competent when he executed the will. If he was not competent, then the 2004 comes into effect.
The 2014 will is the latest in time and therefore the valid one if he was competent when he executed the will. If he was not competent, then the 2004... Read More

who is liable for legal fees ran up by the executor when one of the beneficiaies contest the will when the remaining beneficaries new nothing about t

Answered 9 years and a month ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
The estate is liable for the attorney fees.
The estate is liable for the attorney fees.

can power of attorney change the will after the creators of the will have made their wishes known? also change the beneficiary of life insurance?

Answered 9 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
that depends on how the POA is worded.
that depends on how the POA is worded.

am I responsible for line of credit debt between dead parent and her spouse?

Answered 9 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You and your brother are not responsible for the debt on the house but the house is collateral  and along with your stepfather,  are liable for the debt on the house. You and your brother each own 1/2, assuming no other siblings.
You and your brother are not responsible for the debt on the house but the house is collateral  and along with your stepfather,  are liable... Read More

what should i do with cash in a safe

Answered 9 years and 4 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
I need more facts to answer this question.
I need more facts to answer this question.

Inheritance rights to father's estate of adult child born in first marriage. Assets include bank accounts, property (land and home), and car.

Answered 9 years and 4 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
This is a very general question but you would need to speak with a probate attorney in the county where you live to get more specific advice.
This is a very general question but you would need to speak with a probate attorney in the county where you live to get more specific advice.

If I received a life insurance check after my grandmother's passing, do I have to give it to the executor to put in the trust?

Answered 9 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You are correct. If you life insurance policy named you, your brothers and dad as the beneficiaries of the policy, then the proceeds of that insurance policy go directly to you, your brothers and dad and are not included as an assest of the estate. Therefore, you not have to turn it over to the estate.... Read More
You are correct. If you life insurance policy named you, your brothers and dad as the beneficiaries of the policy, then the proceeds of that... Read More

How do i find out if my father who passed away in 2009 had a will of any kind drawn up before he passed?

Answered 9 years and 8 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Wills are not required to be filed anyplace although some are filed with the probate court in the county where he lived. The only way to know is to go through his personal effects to see if you can find one.
Wills are not required to be filed anyplace although some are filed with the probate court in the county where he lived. The only way to know is to... Read More

How do I find out if my father has a will

Answered 9 years and 9 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
The only way to find out if he had a will is to ask your stepmother. You will have to get permission from her if you want some of his belongings.
The only way to find out if he had a will is to ask your stepmother. You will have to get permission from her if you want some of his belongings.

If a mother brother and daughter have a trust fund and daughter dies does husband of 25 years intitled to her 3rd?

Answered 9 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You would have to look at the document which created the trust fund to see what is says happens upon the death of one of the beneficiaries.
You would have to look at the document which created the trust fund to see what is says happens upon the death of one of the beneficiaries.

I am an only child by adoption my parents are decesead. They did not have a will. What will happen to their estate?

Answered 9 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
An estate will need to be opened for last one who lived but you should get everything.
An estate will need to be opened for last one who lived but you should get everything.

Power of attorny

Answered 9 years and 11 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Just because she has the POA does not make her personally liable for the bills. She must use his money to pay his bills but if she abuses the POA and spends his money for her own benefit, then they can come after her. She needs to keep her money separate from his.
Just because she has the POA does not make her personally liable for the bills. She must use his money to pay his bills but if she abuses the... Read More

My father passed away and his truck is in a impound lot can I being his daughter get it out?

Answered 10 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Go ahead and try to get it out. Tell the impound lot the circumstances as to why you are coming to get it.
Go ahead and try to get it out. Tell the impound lot the circumstances as to why you are coming to get it.

Admenistrator stealing from the estate.

Answered 10 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
As a general rule, when an administrator is appointed, the court has in place rules that require her to file an inventory and accounting of all of the assets of the estate. However, this requirement can be waived if all of the heirs agree. If there is an attorney who represents the estate, you might want to contact the attorney and insist on a written inventory and accounting be filed with the court. If this does not get you anywhere, it would be best if you hired an attorney. The attorney can then file a motion to compel your sister as the administrator to file an inventory and accounting of all of the assets of the estate.... Read More
As a general rule, when an administrator is appointed, the court has in place rules that require her to file an inventory and accounting of all of... Read More

how long does it take to close an estate and how much does it cost.how can you stop a sale of your housemy

Answered 10 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
You can go into the probate court and object to the sale of the house at the price that your brother wants to sell it.
You can go into the probate court and object to the sale of the house at the price that your brother wants to sell it.
Wills and Probate
Tennessee

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