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What happens if no will?

TNGRIZZLY_

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Dec 6, 2014
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5,028
Location
Scott Co. TN North East
You all know the situation that my wife family is going through.

So what happens if there is no will and no one is in charge?
Can the house and car be sold?
 
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Snake

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May 3, 2009
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McMinn Co.Tennessee U.S.
If their mother was still alive and she gave them access to her checking account then nothing I dont think can be done about money out of checking account unless you can prove they forged her name . Estate should go to probate ! JMO
 

BlackBelt

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Joined
Aug 9, 2008
Messages
5,598
Location
SouthWest TN
It is SO easy to do a Will in TN.
Find an attorney and have them draw it up. Simple Will typically runs $300 to $500.
Or go to Legal Zoom and do it online (be aware of any on-going monthly charges).
As a last resort, hand write it out. Do NOT type it. It must be in your handwriting. Get a couple of people to witness it. It isnt the best way, but in the absence of anything else it will do in TN.

Keep in mind that if you have a complicated situation or there is even the most remote possibility it is going to be contested you REALLY need an attorney to draw it up.
 

eddie c

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Joined
Aug 9, 2001
Messages
9,387
Location
jackson, tn
You all know the situation that my wife family is going through.

So what happens if there is no will and no one is in charge?
Can the house and car be sold?
Since your wife's aunt(s) are "handling" stuff, your wife may want to keep out of it legally.
An in-law passed without a will or power of attorney. State stepped in. Creditors had to be paid first from the estate. If all of that is gone someone will be looking for someone to be responsible..
 

Wildcat

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Jun 10, 2000
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58,706
Location
Western Ky.
Whatever you put in a will NEVER EVER put in a person's name ANYWHERE in it that you don't want to have anything.

Some people do. Like, "I don't want Billy Bob to get anything I leave". Billy Bob CAN use that to sue to get part of it because "he's NAMED in the will." Happens more often than you think. People will name their children in their wills saying who gets what and WHO DOES NOT. That opens the door for a lawsuit.

If people's names are not in there at all that cannot do anything, they might be the dead person's child but if their name is nowhere in the will there is nothing they can do with a chance of winning.
 

Safari Hunt

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Nov 6, 2020
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1,275
Location
Bradley County
The court will decide on the whole shootin' match. In order to access the checking account, your name has to be on the card of people authorized to it. Even them, the court could freeze the account until the entire estate is settled.
It's too easy to have a will drawn up.
Story- "Grandpa, how do you like your new hearing aids?"
" Great! i've changed my will three times already!"
 

Andy S.

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Joined
Jul 26, 1999
Messages
19,629
Location
Atoka, TN
Note to everybody. Wills are cheap, much cheaper than the fight after your death without a will.
Amen! Plus, one typically has YEARS to produce one. I will NEVER understand those who choose to leave the goat roping estate dispute to their loved ones. It's so short sighted and selfish to do that to people you care about and love.
 

Mag

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Nov 12, 2007
Messages
2,475
Location
Gallatin
Here's another situation that I experienced and didn't see coming. I lost my Wife in 2014, we had a savings account in place for our Granddaughter but only my Wife's name was on it along with the Granddaughter. After her passing I was cleaning up all of the "business" side of things and went to the bank to get this updated to my name and the Granddaughter only to be told that I couldn't, it would be turned over to the court and we would need to go there to rectify..... or wait till she was 18 then deal with it. I just had a very hard time accepting the fact that if we went to court we would have to pay hundreds of dollars in court costs.
knowing what I know now I should have simply transferred the money into one of my other accounts then simply wrote her a check.
 

Hduke86

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Joined
Jul 4, 2017
Messages
939
Location
Soddy Daisy, yes it's a real place
I’m dealing with something similar right now and have been for the last few months. From my conversations with the attorney IF they are next of kin and NO ONE contests it then nothing will be done about it. If something needs to be done about it contest it and petition the court for Executive of the estate and it will be halted and will probably be sent to Probate court. The bank account would need to have their name on it for them to access it or a Transfer on Death (TOD). To sell the house I would imagine they would have to be Executive of estate cause even a Durable Power Attorney ends at the time of death
 

REM7

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Aug 19, 2008
Messages
4,968
Location
GRUNDY COUNTY
You need to seek out a probate attorney to get you started in the process. Preferably one with a decent hourly rate and a good success rate. Theyll get the ball rolling.
This...cause they can get a judge to grant an emergency order that nothing can be removed/sold etc from estate until probate process is established.
 

Snake

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Joined
May 3, 2009
Messages
34,123
Location
McMinn Co.Tennessee U.S.
Whatever you put in a will NEVER EVER put in a person's name ANYWHERE in it that you don't want to have anything.

Some people do. Like, "I don't want Billy Bob to get anything I leave". Billy Bob CAN use that to sue to get part of it because "he's NAMED in the will." Happens more often than you think. People will name their children in their wills saying who gets what and WHO DOES NOT. That opens the door for a lawsuit.

If people's names are not in there at all that cannot do anything, they might be the dead person's child but if their name is nowhere in the will there is nothing they can do with a chance of winning.
I've been told if you have a child that you don't want to leave anything to leave them $1 so they can't contest anything . I really don't know and hope someone can relate because I'm fixing to write mine and this situation is evident in my case .
 

Antler Daddy

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Jun 4, 2020
Messages
729
I’m assuming no living husband.

If no will, I believe that children are equal heirs. Not sure any siblings have a right to any of it.
 

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