Get free answers to your Estate Planning legal questions from lawyers in your area.
I received a check with "inheritance gift" in the memo from the executor, who is the other beneficiary of my late parent's estate. The will states that all assets are to be divided equally. However, I have concerns about trust issues and haven't discussed the inheritance further... View More 
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answered on May 12, 2025
Executors have discretion to refuse all kinds of payments. You will need to hire an attorney to examine the Probate File, Estate Assets, and the Trust if one exists. Since the Executor has sent you a check, he will claim to have made a distribution, whether you cash the check or not. It... View More
My father passed away without leaving a will, and his land is located in Dayton, Tennessee. I am seeking to understand how inheritance rights work in this situation. The potential heirs include me, my sister, and two uncles. There is no surviving spouse or other relatives claiming the land. What... View More
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answered on May 12, 2025
When a Tennessee resident passes away survived by living descendants and no surviving spouse, then the legal heirs are the then living children plus the descendants of any predeceased children. If you and your sister are the only children, living or deceased, then you are now 50/50 owners of the... View More
I have a will with one beneficiary and all my financial accounts list her as the beneficiary. I am concerned about my house, land, and personal property in Tennessee. Can I file a Lady Bird Deed in C**** County to avoid probate for these assets? There are no liens on the property, and I have no... View More
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answered on Apr 25, 2025
I think you mean a life estate/remainder deed. It works very well to vest a remainder interest to the grantee when executed, not later at death of the life tenant, and by operation of law. But it is permanent unless life tenant and remainderman agree to convey, borrow money, etc. Personal... View More
I have a will with one beneficiary and all my financial accounts list her as the beneficiary. I am concerned about my house, land, and personal property in Tennessee. Can I file a Lady Bird Deed in C**** County to avoid probate for these assets? There are no liens on the property, and I have no... View More
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answered on Apr 25, 2025
Ladybird deeds are not authorized in Tennessee. You can transfer those items by Will, but that requires a probate. If you are wanting to avoid probate, the best solution for many reasons is a revocable living trust.
In Tennessee, I want to create a life trust where I, as the mother, remain the tenant of the property until my death, at which point my daughter, the beneficiary/remainderman, takes possession. My goal is to avoid probate. There are no liens on the property. One deceased son, who is the brother to... View More
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answered on Apr 22, 2025
The BEST solution is a deed to a trust, either revocable or irrevocable (choice depends on other goals and concerns). With a trust you can (a) avoid probate, (b) preserve step up in basis at death to save on taxes for your daughter, and (c) protect you from your daughter's creditors during... View More
My father's will stated that everything he owned was to be equally divided among the beneficiaries, except for the properties he had previously given when he acted as power of attorney years ago. These properties were legally transferred before his passing, but there is disagreement among the... View More
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answered on Apr 10, 2025
If testator did not own property at his death then it does not go through his will. People who claim interests in the lands can file suit for ejectment, quiet title, etc., with the testator's devisees as defendants. If will is probated, a motion to construe unclear devises can be made by... View More
I have a comprehensive will in Tennessee where all assets are to be sold and the proceeds split evenly among the heirs. The will and all assets are located in Tennessee. The executor is prepared to handle distribution, and there are no debts or taxes to consider. There are also no disputes among... View More
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answered on Apr 7, 2025
Yes, probate is required as you will quickly discover when you try to gain access to motor vehicles, bank accounts and other financial assets and, sometimes, real estate. I suppose if there are no such assets, only personal property, you could get away with just selling things and splitting up... View More
I have durable power of attorney for healthcare for my deceased mother in Tennessee, which I understand gives me authority to make funeral decisions. My brother, with whom I haven't had contact in years, is opposing the decision to cremate her, despite me having already paid for the service.... View More
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answered on Apr 3, 2025
The POA terminated at principal's death. You can go to Chancery to have your Mother's express wishes ordered. Outside of that you probably have no authority. You may be able to find another cremation service, but your Brother may sue everyone involved but damages would be limited.... View More
I have signed three powers of attorney for each of my children using a standardized form that was notarized. One was signed several years ago, and one was more recent. I no longer feel comfortable with the person I granted this authority to. There is no specific type of power of attorney involved.... View More
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answered on Mar 27, 2025
I do not think it is possible to have three concurrent attorney in facts. In any event, all you need to do is revoke them. Tell each child the POA is revoked and send a notarized revocation to each child and any third parties that you think have been notified of the three POAs. If real... View More
Who currently owns the assets of my deceased mother's irrevocable trust, which includes a residential property and a rental property, established in Tennessee? The trust names three qualified beneficiaries. One of them acts as the sole trustee and has taken responsibility for maintenance,... View More
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answered on Mar 20, 2025
It is very possible that the Settlor's death is irrelevant to the Trust, such that the Probate Estate does not include Trust Corpus. The Trust probably continues in existence, since most irrevocable trusts are declared so they continue past the grantor's life.
I was married to my husband, Robert Edwin Atchley, for 37 years until he passed away during surgery. Since his passing, I've faced hostility from his family, who have stated I'm no longer recognized as part of the family and have refused to support me financially, despite my ongoing... View More
answered on Mar 13, 2025
In the State of Tennessee, a will must have signatures from 2 witnesses that will attest that the person is of sound mind and body. Some of the better wills have a notary sign off on the person's signature and the two witnesses. An amendment to a will is a codicil. For a codicil to be... View More
How can I disperse the funds without probate.
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answered on Dec 14, 2024
If the bank account was in both names, then just present a death certificate and they will take his name off the account and leave your name on. If the bank account was in your husband's name alone and the balance is under $50,000, then you can collect it with a small estate petition. If the... View More
He got temporarily remarried in late 2012?. Said he wanted me to have one fourth of the sell of his cabin and he was letting my half sisters be over the sell. The girls sold it in 2013 for 168k and they never gave me a penny. He's still alive and recently been put into hospice care in FL.... View More
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answered on Dec 2, 2024
I know of no cause of action that has a long enough statute of limitations for suits against any of them. If you are an heir to any real property then you can sue for partition. Search titles to see if anything still in the family. Sometimes conveyances are made which forgets about some of... View More
His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More
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answered on Nov 9, 2024
Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More
A portion of property from original property was quite claim deeded to persons that are now dead . How to go about getting that piece of land back
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answered on Oct 25, 2024
There are too many facts missing from your narrative to answer your question in any definitive way. As to each name on the deed an attorney would need to know if the person died testate or intestate, where he or she died, whether the estate was ever probated and where, if the death was recent... View More
I'm seeing a lot of social media "gurus" tout this specific language when referring to set up a trust. They say a lawyer cannot set these up and the only way to sue the trust is in the supreme Court.
It's very obvious that this is a scam but without a legal background I... View More
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answered on Sep 29, 2024
The IRS released a memo on August 9, 2023, discussing non-grantor, irrevocable, complex, discretionary, spendthrift trust.
The memo was limited to rebutting the promoters misinterpretation of IRC 643 on the avoidance of income tax. The link to the memo is below.... View More
She is in need of long term facility care.
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answered on Sep 19, 2024
If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More
theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More
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answered on Aug 2, 2024
You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.
My mom own half of the house too. Everything was taken and nothing to her side of the family.
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answered on Aug 1, 2024
What you state as fact may not be the case. If the accounts were joint, the monies are his. If the house was tenants by the entirety, then the survivor owns it. You might hire a TN attorney to look into it if you really think the stepfather stole properties.
She is very capable of paying her bills, she pays all her bills herself with no help, she has investments and everything. They are saying she is incapable and already undergone the test, and been appointed a conservator but the hearing is the 28th. I'm not related, and her closest relatives... View More
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answered on May 27, 2024
You can call the court where the case is being heard and ask who has been appointed to serve as attorney ad litem to the respondent, or who has appeared as the respondent's private attorney (this is uncommon but theoretically possible). Then contact that attorney to offer your testimony.
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