How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54825
Experience:  29 years of experience practicing law, including tax and estate planning.
17027240
Type Your Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

My Dad died ,without a will I'm the next of kin we weren't

Customer Question

My Dad died ,without a will I'm the next of kin we weren't close his best said he told him he wanted me to have his stuff but his brother has control I've receive nothing is there anything I can do..
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you. If your dad died without a will, whether or not you were close, his probate estate is inherited under the Tennessee intestate succession laws. And, if you were his only child and he had no surviving spouse, you would inherit 100% of his probate estate. It's important to realize that not all of his assets are part of his probate estate. Certain assets pass outside probate and thus are not governed by the intestacy succession laws. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. With regard to the other assets, whoever has taken control of your dad's estate needs to distribute these assets to you pursuant to the intestate succession laws. if that person fails to do so, you can file a petition with the probate court in the county in which your dad resided at his death to recover these assets and to award you actual and punitive damages against this person who unlawfully took control of assets that rightfully should have been transferred to you. In your situation, I would put this person on written notice by certified letter of the foregoing and inform him that unless this is resolved within a short specified period of time, you will be filing a petition with the court to compel action.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!