Legal Question in Wills and Trusts in Tennessee
Will not Probated
My father died in 1997, my mother later after that got on mental disability. I am responsible for her now that she is on mental disability. The will was ''lost'' I am not sure if it was filed through the courts but I do know that it did exist. Their house was listed in both of their names. The will was never probated. My understanding is that she can't sign legal documents. Now she wants to sell the house and move somewhere else. Not sure this can be done and how to go about it?
2 Answers from Attorneys
Re: Will not Probated
From the sound of your message, your mother is ill
and may need a conservatorship. With your parents owning the house jointly and your father deceased, your mother is the sole owner of the house now.
Re: Will not Probated
If your father had a will prior to death and it is lost, there is a way to have a bona fide copy entered as the last will and testament. With your father's name on the deed, his estate must be probated for the house only, if this is your father's only remaining asset. I can help. 423 266-4855
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