Legal Question in Wills and Trusts in Tennessee

You are in a truly difficult situation. First, as to money you understand was left to you by your mom, you may have waived any right to assert that claim either because the estate was opened and closed and you took no action or simply because of the passage of time has not barred your claim under a statute of limitation (a law that limits the amount of time you have to make a claim).

As to the situation with your dad, Understand that his will is effective only upon his death. As a result he can deal with his property during his life as he pleases. For example if you are left a car he now has in his will, but before he passes, he sells that car or even trades that car, you will not have a claim on the new car. So you can't stop him from dissipating his assets unless he is not competent or is under what the law calls "undue influence."

You said he has demintia. Is that something that has been diagnosed by a doctor or something you notice? You may want to consider going into court, asking the court to declare your dad incompetent and then appoint you as his conservator. You would then be able to seek recovery of any transfers of assets (including money) that were made while he was not competent to make those transfers.

Please understand that although this sounds like a simple process, it can become complicate very quickly. I recommend you sit down with an attorney and discuss your rights and seek assistance in analyzing how to help your step-father.