Martin L. Pierce’s Answers

Probate is the proving of a Will as the last Will of a deceased person; that is, the WIll that is to be followed in handling and distributing assets and property of the decedent that were titled soley in their name. Tennessee has an Inheritance Tax, but there is a $1,000,000 exemption from the tax. You should consult with an Estate Planning attorney to look into the particulars of your Mother's Estate and your situation, both as Executor and as a Beneficiary. Please call my office if...

I agree that there is not enough information at this point to answer your question. When you meet with an attorney, it would be helpful if you had a copy of the Deed to the house/land involved, plus copies of your Mother's and Father's Wills or Revocable Living Trusts.

Because a Living Trust is revocable, any asset and property in such a trust are assets of the person establishing the Trust -- the grantor or settlor. There are many reasons why you may be asking the questiosn the way you are; i.e., are they considered assets for Medicaid purposes, for VA aid and attendance purposes, for income tax purposes, for inheritance or estate tax purposes, etc. You will need to meet with an Estate Planning or Elder Law attoreny in the Memphis area to go over your...

I am also not sure about your question, so it would be better to talk by phone or set up an appointment to answer your questions and provide you and your family with information concerning Elder Law, VA Benefits, Medicaid and Estate Planning issues. Martin Pierce 423-648-4303

In Tennessee, there is a statutory requirement that each beneficiary under a Will and each heir at law of an Estate is to be given (by the Personal Representative of the Estate) either a photocopy of the WIll or of the Section(s) of the Will under which they are named to take. Other States may or may not have such a requirement, so it depends on the State where your Grandfather is a resident at his death. The above information is for educational purposes only. No attorney-client...

In Tennessee, there is no legal requirement that you must have a lawyer to file a Small Estates Affidavit or assist you with it. In most counties, you could handle the paperwork and filing yourself. However, each County in Tennessee operates a little differently than the others when it comes to Probate matters, and each County has its own local rules, so it may be that the County where your father lived does require (or very, very much desire) that you have an attorney involved. I suggest...

Two suggestions -- (1) prepare a specialized irrevocable trust for some of his income so that he will once again meet the income limit eligibility requirements (this trust is commonly referred to as a QIT or Qualified Income Trust) and (2) in the meantime, contact your area's Medicaid Omsbudsman: Sandra Smegelsky Long-Term Care Ombudsman Metropolitan Inter-Faith Assoc. 910 Vance Avenue (38126-2911) PO Box 3130 Memphis, TN 38173-0130 Tel: 901-527-0208 ext. 215 Fax: 901-523-...

You have received some good information in the previous answers -- let me know if I can help since I am close by in Chattanooga or you prefer a reference to an attorney in Cleveland. Martin Pierce 423-648-4303

There are several facts about the bank account that will need to be determined before a definitive answer can be provided -- was the bank account titled in your father's name alone? what is the balance in the account? Was there any POD or TOD designation on the account? etc. Please do not hesiatate to contact me if I can be of assistance to you and your family. Martin Pierce, Hixson, TN 648-4303

Yes, an Executor of a probated Will in Tennessee is required to provide to each beneficiary under a Will either a copy of the WIll or of the provision(s) of the Will relating to the beneficiary. You will need to consult an attorney in the Nashville area (David Heller would be a good one) about the potential misaapropriation of Estate assets.