Tennessee: What Happens If a Will Wasn’t Properly Signed?
Detailed Answer Short answer: If a will is not properly signed under Tennessee law, the probate court may refuse to admit it. When that happens, the decedent’s property that would have passed by the will typically passes instead under Tennessee’s intestacy rules, unless other non-probate instruments (trusts, beneficiary designations, joint accounts) control. The probate process […]
Read article →Challenging a Sibling’s Application for Letters of Administration in Tennessee
How to formally challenge a sibling’s application for letters of administration (Tennessee) Disclaimer This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a Tennessee probate attorney. Detailed Answer If a sibling has applied for letters of administration (appointment as administrator of an intestate estate) in […]
Read article →How to Compel Sale of a Decedent’s House and Distribute Proceeds in Tennessee
When a Surviving Spouse Refuses to Sell Probate Property: A Tennessee Guide Quick summary If a will directs that a decedent’s house be sold and the proceeds distributed, the person named as executor (personal representative) must follow Tennessee probate rules to carry out that instruction. If the surviving spouse refuses to cooperate, the executor can […]
Read article →How to Recover a Cash Bequest from a Sibling’s Estate in Tennessee When the Executor Won’t Cooperate
FAQ: Recovering a Cash Bequest from a Sibling’s Estate in Tennessee When the Executor Refuses to Cooperate Short answer: In Tennessee you generally start by asking the executor for an accounting and written explanation of distributions. If the executor refuses, you can ask the probate court to compel an accounting, enforce distributions, or remove/replace the […]
Read article →Filing a Notice to Creditors in Tennessee: Step-by-Step Guide
Detailed Answer This article explains the common steps a personal representative (executor or administrator) follows to notify creditors that an estate is open in Tennessee, and what creditors must do to preserve their claims. This overview is educational only and not legal advice. Who must give notice? After a court appoints a personal representative and […]
Read article →Becoming an Executor in Tennessee When the Named Sibling Refuses to Serve
Detailed Answer If a deceased parent named one child as the executor (personal representative) in a valid Tennessee will but that child refuses to serve, the probate court will not be forced to appoint the person who was named first. Tennessee law allows the court to appoint someone else to act. The practical path to […]
Read article →Tennessee: Why an Inherited House May Not Be a Probate Asset and How to Make Payments to Avoid Foreclosure
Understanding Why an Inherited House May Not Be a Probate Asset in Tennessee — And Whether You Can Make Mortgage Payments to Avoid Foreclosure Short answer: A house you inherit may pass outside probate in Tennessee if title already named a surviving owner or beneficiary (for example, joint tenants, a transfer-on-death deed, or a trust). […]
Read article →Tennessee: Challenging a Sibling’s Use of a Deceased Parent’s Bank Account to Pay the Mortgage
Short answer: In Tennessee, a deceased person's bank account generally becomes part of their estate and may not be used by a sibling (or any other person) for ongoing obligations unless that person has clear legal authority — for example, they are a named surviving joint owner, a beneficiary on a payable-on-death (POD) account, or […]
Read article →Tennessee: Enforcing or Disputing an Oral Agreement Dividing Wrongful Death Proceeds
Detailed Answer Short answer: An oral agreement to divide wrongful-death proceeds can be enforceable in Tennessee, but proving its terms and enforcing it is often harder than enforcing a written deal. The typical process is: preserve evidence, try to resolve by demand/mediation, and if that fails, file a court action (often a probate petition or […]
Read article →How to Apply to Serve as Administrator of an Intestate Estate in Tennessee
Detailed Answer When a person dies without a valid will (intestate) in Tennessee, the probate court in the county where the decedent was domiciled appoints an administrator to collect assets, pay debts, and distribute the estate to heirs under Tennessee law. Below is a clear, step-by-step overview of how a close family member (for example, […]
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