How can I probate a will that was not witnessed or notarized in Tennessee?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. 1. Determine the Appropriate Probate Procedure In Tennessee, probate may proceed informally or formally under Tenn. Code Ann. § 32-1-101. Informal probate is faster and involves minimal court hearings. Formal probate requires a hearing before a judge and is […]
Read article →How does an executor obtain an EIN for the estate in Tennessee?
Disclaimer: This article does not constitute legal advice. Consult a qualified Tennessee attorney for guidance on your specific situation. Detailed Answer Under Tennessee law, an executor—also called a “personal representative”—must secure an Employer Identification Number (EIN) for the decedent’s estate to open bank accounts, file tax returns, and manage financial affairs. Tennessee Code Annotated § […]
Read article →What is the Difference Between Common and Solemn Form Probate in TN?
Understanding the Difference Between Common and Solemn Form Probate in Tennessee Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for personalized guidance. Detailed Answer When a person dies in Tennessee leaving assets in their estate, the executor or personal representative must open probate to […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in TN?
Understanding the Year’s Allowance in Tennessee Estates When a spouse dies in Tennessee, the surviving spouse has a right to a “year’s allowance” out of the decedent’s estate. This allowance ensures the surviving spouse can maintain a household for up to one year. Tennessee Code Annotated §30-2-101 defines the allowance and sets the rules for […]
Read article →How to Obtain and Submit an Original Will During Probate Administration in Tennessee
Disclaimer This article provides general information about Tennessee probate procedures. It is not legal advice. Consult a qualified attorney for guidance tailored to your situation. Detailed Answer 1. Locating the Original Will After a person’s death, the original will often resides with their lawyer, in a safe-deposit box, or among personal files at home. Begin […]
Read article →May I petition a court to remove an estate administrator who refuses to fulfill their duties in Tennessee?
Detailed Answer Under Tennessee law, any interested party may ask the probate court to remove a personal representative (estate administrator) who fails to perform essential duties. Tennessee Code Annotated § 30-2-310 outlines the grounds and procedure for removal. Common grounds include fraud, mismanagement, failure to file required inventories, failure to give notice or bond, and […]
Read article →How can I request an extension for filing a final accounting in probate in Tennessee?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Tennessee for advice on your specific situation. Detailed Answer Under Tennessee law, a personal representative (executor or administrator) must file a final accounting and petition for distribution no later than 12 months after letters testamentary or […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim After a Car Accident in TN?
Detailed Answer Under Tennessee law, only the decedent’s personal representative may file a wrongful death suit. Tenn. Code Ann. § 20-5-106 requires that “such action may be brought by and in the name of the personal representative of such decedent.” If the estate does not already exist, you must open it by petitioning the probate […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in Tennessee?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Detailed Answer Under Tennessee law, wrongful death proceeds follow the distribution rules in Tenn. Code Ann. § 20-5-106 et seq. Before any distribution, the court must appoint a personal representative or administrator to manage the estate and pursue the wrongful […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Tennessee
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer When a deceased individual received Medicaid long-term care benefits, Tennessee seeks repayment from the recipient’s estate. To obtain and review documentation of a Medicaid claim against an inherited estate, […]
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