Contesting Will And Inheritance

Summary

You can contest a will in tennessee within two years of probate if you believe the deceased lacked testamentary capacity. Building on inherited land requires consent from all co-owners and may involve probate to transfer the title. Mediation can help resolve disputes among co-owners. Consider consulting a local attorney for personalized advice.

Full Conversation

My deceased mother and I where left out of grandmothers will. If I can prove grandmother was not in her right mind on the date the will was published. Can I contest the will and what’s the statue of limitations
Hi ****! I'm sorry to hear about your situation. In Tennessee, you can contest a will if you believe your grandmother was not of sound mind. Here are a few key points:
- You generally have two years from the date of the will's probate to contest it.
- Lack of testamentary capacity must be proven with evidence.
Do you have any specific evidence or documentation regarding your grandmother's mental state?
would it be possible to get her old medical records
Yes, it is possible to obtain your grandmother's old medical records, but there are specific steps and considerations. Here are some key points:
- You may need to be the executor or have legal standing.
- A court order might be necessary.
- Privacy laws like HIPAA protect medical records.
Would you like guidance on how to start this process?
Can I build storage units on family inherited land without everyone’s consent
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In Tennessee, building storage units on family-inherited land may require the consent of all co-owners. Generally, decisions about property improvements should be agreed upon by all parties involved. It is advisable to consult with a lawyer to understand your specific rights and obligations.
Do you know if the property is jointly owned or how it is titled?
yes it is titled in the deceased’s name
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It seems you have multiple legal questions about contesting a will and building on inherited land. Here are some key points:
- Contesting a Will:
- You generally have two years from probate to contest a will in Tennessee.
- Evidence, like medical records, is crucial.

- Building on Inherited Land:
- If the property is still in the deceased's name, it might require probate or legal action to transfer the title before making improvements.
Would you like more detailed information on either of these issues?
What are my first steps in inheriting family land
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To start the process of inheriting family land in Tennessee, here are your first steps:
- Initiate Probate: File a petition in probate court to officially start the process.
- Appoint an Executor: The court will appoint an executor to manage the estate.
- Transfer Title: Once debts are settled, the title can be transferred to the heirs.
Do you need more details on any of these steps?
what if there was no probate and there was property involved
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If there was no probate initiated and there is property involved, you may need to start the probate process to legally transfer the property title. Here’s what you can do:
- Initiate Probate: File a petition in probate court to open the estate.
- Appoint an Executor: The court will appoint an executor to manage the estate and property.
- Transfer Title: Once the estate is settled, the property title can be transferred to the rightful heirs.
Do you need guidance on how to file a petition in probate court?
I have family owed land * acres I own */4ths of a */* what are my options
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You seem to have a complex situation involving inherited land. Here are a few options and considerations:
- Partition Action: You can file for a partition action to divide the property.
- Buy Out: Negotiate with other co-owners to buy out their shares.
- Sell: Consider selling your interest if other co-owners agree.
Would you like more information on any of these options?
Can I build on the land or revenant income or live on the land
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You can build on the land, generate income, or live on it, but there are a few key considerations:
- Ownership Agreement: Ensure all co-owners agree to the development.
- Zoning Laws: Verify local zoning laws and regulations.
- Legal Title: Ensure the property title is clear and in your name.
Would you like more details on any specific aspect?
what if there is no communication with each other and the cousin that’s supposed to be over ignores all forms of communication
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If there's no communication and a co-owner is ignoring you, you might consider the following options:
- Mediation: Attempt to resolve the issue through a neutral third party.
- Partition Action: File a lawsuit to partition the property, forcing a sale or division.
Would you like more details on how to proceed with either of these options?
What is mediation
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Mediation is a voluntary process where a neutral third party (the mediator) helps disputing parties reach a mutually acceptable agreement. It’s less formal than court proceedings and can be a quicker, less expensive way to resolve conflicts.
Would you like more details on how to initiate mediation?
yes
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To initiate mediation, you can follow these steps:
- Find a qualified mediator through local legal resources.
- Request mediation through a court or privately contact a mediator.
- Both parties must agree to participate.
Would you like assistance in finding a mediator or more details on the process?
more details on the process
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Sure, here are more details on the mediation process:
- Find a Mediator: Look for a mediator through local legal resources, such as the Tennessee Association of Professional Mediators.
- Request Mediation: You can request mediation through the court or privately contact a mediator.
- Agreement to Mediate: Both parties must agree to the mediation process.
- Preparation: Gather all relevant documents and information related to the dispute.
- Mediation Session: Attend the mediation session where the mediator will facilitate the discussion to help both parties reach an agreement.
- Agreement: If an agreement is reached, it is usually put in writing and signed by both parties.
Would you like assistance in finding a mediator?