Legal Question in Wills and Trusts in Tennessee

Wills and Probate

My father left a will but the family decided not to probate. Land is involved & the new owner paid the debt but refuses to release my check because he wants to see that all my dad's bills are paid in full with a release from the hospice he was staying at. My brother recieved his share of the land payoff but the owner is holding my check hostage. If I do not get my check do I need to get a lawyer in TN or go back to the lawyer that officiated the will for my dad?

Asked on 5/15/08, 12:47 am

2 Answers from Attorneys


Re: Wills and Probate

In my opinion you shoulsd have probated the Will. It is not for the family to decide to roabte it or not. If your father left a Will, it should be probated particularly to clear up the denbts he had at his death. Tennessee Code Annotated 39-14-131 - Destruction or concealment of will - states that "Any person who destroys or conceals the last will and testament of a testator, or any codicil thereto, with intent to prevent the probate thereof or defraud any devisee or legatee, commits a Class E felony."

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Answered on 5/15/08, 11:09 am

Mitchell Roth MW Roth, Professional Law Corporation

Re: Wills and Probate

Something is wrong with your question. Land cannot be transfered without probate if it was in your dad's name when he died.

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Answered on 5/15/08, 5:58 pm

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