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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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MY nane is and my question is: we sent a deposit on cabin in

Customer Question

Hi MY nane is ***** ***** and my question is: we sent a deposit on cabin in Tenn. the owner died and noone has notifed us on what to do to get our money back. we have a lady in the county clerks office said she would file the papers for us but what she sent has no infomation except the ladies name on it that owned the rental place Her name is***** no docket number or any information on what we are to fill out. My husbad said we are to send copies of our papers showing our deposit was excepeted and and other papers with info. this is in Sevier County, Sevierville,Tennessee. i have called trying to get ahold of Keren Cotter the lady my husband spoke with but no answer or call back. what i hope you can do is help me figure out should i send my papers and what i need to fill out on the form she sent. any other information is that my help would be great. Thank you
Submitted: 10 months ago.
Category: Estate Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry..what "papers" are you referring to?

Customer: replied 10 months ago.
State of Tenn Claim against Estate- Probate Court paper.
Expert:  P. Simmons replied 10 months ago.

Thanks

That makes sense...that is, you have a claim against probate. Has probate been opened for this estate?

Customer: replied 10 months ago.
I don't know because the lady that said she would file won't answer or call me back.
Expert:  P. Simmons replied 10 months ago.

Can you tell me, do you know what county the person (who died) lived in?

If so, have you contacted that court to see if probate is opened?

Customer: replied 10 months ago.
The owner died in Feb.as far as I know it was Sevier county.
Expert:  P. Simmons replied 10 months ago.

Thanks
SO what is your question today...are you asking the process to file a motion with the court to demand payment from the estate?

Customer: replied 10 months ago.
Do I need the docket number and what is the time limit can the clerk file on our behalf.
Expert:  P. Simmons replied 10 months ago.

You need to know if probate has been opened...are you in communication with the Clerk of the court for Sevier County?

Customer: replied 10 months ago.
no she hasn't returned my last 2phone calls. She sent us claim papers but they only have the lady's name that died on them
Expert:  P. Simmons replied 10 months ago.

Thanks
The clerk is not required to assist you with this. You would need to hire an attorney to file a motion with the court (a motion to order the estate pay your debt) if you can not convince the executor to pay the debt.

But I asked about probate since unless or until probate is opened, there is nothing to file against.

Are you saying they (the clerk) will not tell you if probate is opened?

Customer: replied 10 months ago.
far we have no been able to get that information. Do they have to tell us.
Expert:  P. Simmons replied 10 months ago.

Probate records are public information. The clerk of the court should be able to provide this to you...but let me opt out, and let another professional on her see if they can give you more specific information

Expert:  Infolawyer replied 10 months ago.

different expert here.

what can I answer for you at this point?

Customer: replied 10 months ago.
I guess nothing I will get a lawyer and let them file.
Expert:  Infolawyer replied 10 months ago.

ok, if you need help finding a local one or need anything else answered, ask me.

Customer: replied 10 months ago.
Thanks
Expert:  Infolawyer replied 10 months ago.

anytime.

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