Legal Question in Wills and Trusts in Tennessee
deceased fathers will
my question is concerning my father who passed away january 2000.my father was married to my stepmother at the time of his death and i have not spoken with her in several years, anyway he had several pieces of real estate and properties but i never heard from an attorney regarding his will. my question is , is the will public knowledge or do i have to try and find it ( without contact with my stepmother) and is there a time limit on the will since it has been almost three years? and how can i go about finding a copy?
1 Answer from Attorneys
Re: deceased fathers will
If there was a will and it was filed in solemn form in the county where your father was a resident at the time of his death, you as an heir (I'm assuming you are his biological or adopted child)are required to be notified of the probate of the will. The law also requires that a person in possession of the will of a deceased individual must file, but not necessarily probate, the will in the probate court of the county where the deceased was a resident. If the will was filed in common form, your notification may not be required, however, you do have several years to contest a will filed in common form. Bottom line: go to the probate court of the county where your father was a resident of at the time of his death and check under his name for an open estate or filed will.
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