Summary
In Tennessee, probate involves settling a deceased persons estate. A will must be submitted within 30 days of death. If a beneficiary predeceases the testator, the gift may lapse unless specified otherwise. The residuary estate is divided among surviving children per stirpes. Legal advice may be needed to clarify distribution, especially if the wills terms are complex or contested. Consider consulting a local attorney for guidance.Full Conversation
probate issue with my mothers will
I'm sorry to hear that you're dealing with this. In Tennessee, probate is the legal process of settling a deceased person's estate. Here are a few key points about probate in Tennessee:
- A will must be submitted to the probate court within 30 days of the person's death.
- The executor named in the will is responsible for managing the estate.
- If you have issues with the will, such as contesting it, you may need legal representation.
Could you share more details about the specific issue you're facing with the will?
THIRD: I leave to my husband the real property known as * Davidson Walk, Spring Hill, TN *. Said property was solely owned by myself and fully paid for by myself but after marriage I transferred half of my ownership to my husband.
FIFTH: In light of my transfer of the real property to my husband, I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows:
(a) To those of my children DONALD BROWN and CHARLES BROWN who survive me and to the issue who survive me of those of my children who predecease me, per stirpes.
It sounds like there might be some questions about how the property and residuary estate are distributed based on your mother's will. Here are a few considerations:
- Since the property was transferred to your husband, he might have a claim to it.
- The residuary estate is set to be divided among you and your brother, per stirpes.
Do you need assistance with understanding the distribution, or is there a specific concern regarding the will?
Her Husbands name is Cecil and he died 2 years ago My mother passed 4 months ago
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It seems there might be a concern about the distribution of the property since your mother's will leaves the real property to her husband, who passed away before her. The residuary estate is for you and your brother.
Are you considering contesting any part of the will or seeking legal clarification on its terms?
seeking your advice
Case Rating: *
In Tennessee, if a beneficiary of a will (such as Cecil) predeceases the testator (your mother), the gift may lapse unless the will specifies otherwise or state laws apply. Since the residuary estate goes to you and your brother, there might be questions about how the property is handled. Would you like to explore legal options for this situation?
yes
Case Rating: *
This situation could potentially be significant for a lawyer to handle, especially given the complexities of the will and the predeceased beneficiary. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you please provide me with a bit more information about the issue to proceed?
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