• 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.

Who Can Contest A Will In Tennessee?

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

gltrucks

Junior Member
What is the name of your state? Tennessee
In a small estate in the state of Tennessee I wanted to know if my step-mom who is one of the executors of the will as well as one of my brothers can contest the will if her and my father was married for 15 years with no children together and was left certain items that were purposely put solely in her name only, by my father in case he died it would be clear these things were hers only.Also the rest of the estate is solely in just my fathers name for the same reason.Can she contest anything?
 


GaAtty

Member
Any heir can contest the will. Since she is an heir, yes, she can contest it. But of course, she has to have a valid reason or she will lose. It is usually not valid just because an heir doesn't agree with what they were left with. Wills are contested based on whether the person was competent when they signed it, whether the signature was really their signature (forged will), etc. It does not sound like she has a winning reason here.
 

gltrucks

Junior Member
Does property in Tennessee have to go to Probate?

Thanks for your help about contesting the will.I was also wondering if all of the heirs agree to everything in the will do we still have to hire an attorney or go to probate court to sell the land and house,it is solely in my dads name only.It is a very small estate 21 acres in the rural country with an old house probably worth 30,000.Everyone agrees to sell the property but do we have to involve an attorney or can we use his death certificate to sell the property?Even my stepmom now sees that she can't get her equal share until the house and lans are sold so she decided to move out and agrees to sell the property and to try to sell it without an attorney,can we do this? Thanks for your help in this.
 
Last edited:

nextwife

Senior Member
gltrucks said:
What is the name of your state? Tennessee
In a small estate in the state of Tennessee I wanted to know if my step-mom ...can contest the will ...... was left certain items that were purposely put solely in her name only, by my father in case he died it would be clear these things were hers only.Also the rest of the estate is solely in just my fathers name for the same reason.Can she contest anything?
Are you saying dad wants to leave things to other in his will that are solely stepmom's ? If they aren't HIS property and thus part of HIS estate, it certainly can be contested!
 

gltrucks

Junior Member
Contesting

My dad left certain things that they had together soley in her name so we would know these things were hers then included her to get an equal share of the house and cash in his personal bank account(in his name only) as well as 5 of my brothers and sisters.As someone else said she would not have a good reason especially being that he left her several things and an equal share of everything else,I think I agree.
 

Find the Right Lawyer for Your Legal Issue!

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