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No will, and do I have to file probate?

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DKL_229

Junior Member
What is the name of your state? TN

Here are my issues -- any help will be greatly appreciated!

I have been the primary care giver of my aunt (my 86 yr old father's sister) for the last 5 years during her declining health. She passed away in April 2006 without having made a will.

She was 81, never married and had no children. Both her parents are long deceased, and the only siblings left are my father, who lives in the same city as she for some 50 years, and an older brother in his 90s in Texas.

She named my father as beneficiary of two small insurance policies, and the small amount (less than $2000) left in her retirement fund. My father is also on her checking account.

She had no debt, no investments, only a checking account, and ownership, free and clear, of a 23 year old one bedroom condo. Though she left no will, she told me many times she wanted me to have her condo. She stated that to my father, many of my cousins, and some of her friends. My father stated to me that the condo is mine, my uncle in Texas has no interest in it.

1. I'm wondering if I have to file probate?
2. If so, is there a deadline for filing probate in the state of TN?
3. If so, and that deadline is not observed what happens?

A second issue;

My aunt always paid her insurance at the yearly rate. Because she died in April, her 2 insurance policies that were paid up issued rebate checks of the unused premiums. The checks are both made out "To The Estate of _____" and I cannot get any bank to cash them -- not even her bank where her checking account is held.

Does anyone know what steps will I have to go through to cash these?

ThanksWhat is the name of your state?
 


nextwife

Senior Member
Yes, probate is necessary. The checks can be cashed by the estate PR/executor and paid into a estate account. The ONLY way to deal with her real estate , owned by her alone, is probate.
 

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