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Uncle left everything to Aunt but no probate was done

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kellyflower

Junior Member
What is the name of your state (only U.S. law)? Tennessee

Okay first of all the will and trust is in Tennessee but I live in Texas. pew!
Also, forgive me if this has been posted before but I couldn't find the answer.

My uncle passed away in '06 and left everything to his wife. She passed away in '08 and named my husband executor and trustee. The problem we are having is that there are still some investments and assets in uncle's name and we finding that most people want letters testamentary for uncle before they will transfer it to aunt's estate or trust.

We have talked to a couple of attorneys about doing probate on uncle's will but one says it's way to much work and too long ago, another didn't even call back.

What is our recourse? We want to make this money available to the trust but are walking into brick walls.

Thanks in advance.
 


anteater

Senior Member
My uncle passed away in '06 and left everything to his wife.
How? Did he have a will?

The problem we are having is that there are still some investments and assets in uncle's name...
Were these owned solely by uncle (rather than jointly with his wife)? No beneficiary designations?

What is the value?

What is our recourse? We want to make this money available to the trust but are walking into brick walls.
Tennessee does have a small estate process, involving the use of an affidavit, for estates of less than $25,000. If the value is under that, you could inquire at the probate court if that is a possibility in this situation. May or may not receive an answer depending upon whether the court employees perceive it as giving process guidance or legal advice. Otherwise, you would have to ask a TN probate attorney.

If that does not work, I don't think that your husband has any other option than to probate the uncle's estate.
 

kellyflower

Junior Member
How? Did he have a will?
Yes he had a will but it was never filed with county so is it still binding?


Were these owned solely by uncle (rather than jointly with his wife)? No beneficiary designations? What is the value?
Some of the assets say him and her and some only say him. Because my husband was not name uncle's executor or beneficiary the companies don't want to talk to him. Value: we are guessing about 100K from what we've seen. We are looking at things that aunt's accountant included in her taxes this past year. He just put them down as her assets.


Tennessee does have a small estate process, involving the use of an affidavit, for estates of less than $25,000. If the value is under that, you could inquire at the probate court if that is a possibility in this situation. May or may not receive an answer depending upon whether the court employees perceive it as giving process guidance or legal advice. Otherwise, you would have to ask a TN probate attorney.

If that does not work, I don't think that your husband has any other option than to probate the uncle's estate.
Any suggestions on "convincing" an attorney to take this issue? The two we've tried with didn't want to touch it due to age.

Sounds like we need to find that final copy of uncle's will and get it filed so uncle's assets can be changed to aunt's assets and then to the trust she setup. Oh joy. :eek:

I do thank you for your comments. They provide some incite.
 

anteater

Senior Member
Yes he had a will but it was never filed with county so is it still binding?
Yes. And, from what I can see TN has no time limits on opening probate.

Some of the assets say him and her and some only say him.
I would think that, with enough persistence, your husband could persuade the companies holding the jointly-owned assets to re-title them to aunt. But, I can understand their reluctance if both parties have passed away.

Any suggestions on "convincing" an attorney to take this issue? The two we've tried with didn't want to touch it due to age.
Just to keep trying. Age? 3 or 4 years after uncle's passing is not that long. Not to sound crass, but this sounds like an easy couple grand for an attorney - no debts, no real property, only beneficiary has since passed away...
 

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