• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Does my mothers estate HAVE to go thru probate?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Miss Tennessee

Junior Member
What is the name of your state (only U.S. law)? Tennessee My mother died in late August . My brother is named executor in the will. The estate has well over $60,000 in cash and a home valued on the tax rolls at $67,000. My brother is under the impression that he does not have to go thru probate because there is a clause stating that no inventory needs to be submittted to the court and that Tennesseee Annotated code 35-50-110 be used.
The will states that the house be sold and split between the two of us as well as the remamining funds divided between the two of us.On another note, he collected all of her expensive jewelry of which the majority of he had given to her as gifts through the years. He claim it is all his since he bought it for her. Is that the way that it works?
So, the questions are:
Must the will go thru probate?
Does he retain pocession of all the jewelry?
 


FlyingRon

Senior Member
The section you cited has nothing to do with wills and estates but rather trusts. Unless there's a trust involved it has no bearing.

He's not the EXECUTOR until a court appoints him as such.
The fact that he gifted jewelry to your mother gives him no special rights to it now.

I would go ahead and get probate (again you do NOT need him to do it) started.
You need to contact the probate clerk/master (or whatever they are called) in the county in which she resided at her death and they will help you get the ball started.

Here's a link to the Shelby County probate clerk. While it may not be he right one for your mother's county, it's pretty indicative of what you can expect...

http://probate.shelbycountytn.gov/faq_probate.htm
 

anteater

Senior Member
The section you cited has nothing to do with wills and estates but rather trusts. Unless there's a trust involved it has no bearing.
Ron - A clarification. That section covers fiduciaries and an executor of a probate estate would be covered by it. But, it certainly has nothing to do with whether probate is necessary or not.
 

justalayman

Senior Member
Ron - A clarification. That section covers fiduciaries and an executor of a probate estate would be covered by it. But, it certainly has nothing to do with whether probate is necessary or not.
and as such, I suspect that until such time there was an executor named for the probate process, it wouldn't apply at all.;)

so, no probate, no section 35-50-110.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top