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filing wills in probate question

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momof3inTN

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

My mother past away recently. I understand after speaking to an attorney that I must wait 45 days before I disolve of assets. My mom has a will, and no real estate. She moved in with me 5 years ago as she was disabled so I could help her. All she has is a car that is maybe valued at 3000.00 and her personal belongs. My sister has a collection of dolls stored at her home and maybe 1000.00 in her checking account. In her will she appointed me as personal represenative and left everything to me including the dolls at my sisters home. the car was in both our names. She had an insurance policy to cover funeral cost but we found out after she passed that there was a clause stating she had to live 2 years after certificate date and she missed it by 13 days. My husband and I have reached out to funds at work to help pay the cost and we have the funeral exp. down from 7000 to 3000. We anticipate with the premiums the insurance will reimburse and what is in her bank account it will almost pay for her funeral. But my question is this. My mom left almost 300.00 in medical bills and a little over 16,000.00 in credit card debt plus my mom never bothered to tell the rest of the children she had a will.

They all know that I must wait 45 days before I disolve any of her personal belongs. What am i facing when I file this will with probate? My sister has made it clear to my mom that it will be a cold day in h*** before she gives me the dolls she has and originally she told me that we could pull them down and sell them to help pay for her funeral....but that was before mom was buried. She has not mentioned anything of a sort since mom has been buried. Can the other children contest the will and the credit card companies and if so what am I facing when this occurs? Her estate is value if even 9,000.00. I feel paying the funeral home off is most important and this is new to me and I don't know what to expect.

Any advice please? Thank you
 


anteater

Senior Member
Here's the problem... The will does not nullify the claims of legitimate creditors. Claims of creditors have priority over distributions to beneficiaries. I have not looked at the TN statutes, but payment of funeral expenses probably has priority over other creditors. And, if you have personally paid some of the funeral expense, you can probably seek reimbursement before paying other creditors.

While the website below is Shelby County's, it has a good introduction to probate in TN:

http://www.shelbyprobate.com

And, for small estates (less than $25,000 in personal property in TN), forms can be found at:

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

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