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Q: Probating an estate In Tennessee ( No Answer,   0 Comments )
Question  
Subject: Probating an estate In Tennessee
Category: Relationships and Society > Law
Asked by: diverdiver-ga
List Price: $25.00
Posted: 17 Sep 2006 19:37 PDT
Expires: 17 Oct 2006 19:37 PDT
Question ID: 766194
Recently I lost my mother.  Her estate is not complex and I am the
sole heir.  There IS a will which states I should be named executor of
her estate and that all possessions would pass to me.
Presently I cannot afford an attorney and need to find out what is
required for me to do in order to comply with the law.

Presently the house is under a reverse mortgage and I have contacted
the company handling this.  They are fine to deal with and I have 1
year from the time of her passing to finalize things.  They are asking
if I have entered into probate.

Presently I have NOT entered into propate mainly because of time,
money, lack of knowledge.

I need to move forward with the necessary legal steps, but not being
able to afford an attorney, I'm not certain of the steps involved.

SUMMARY:

I do not want any answer that requires an attorney.
I must be able to accomplish (legally) the necessary steps to satisfy
the reverse mortgage company.
I need to know what to do first, second, third... etc.

Request for Question Clarification by denco-ga on 17 Sep 2006 22:18 PDT
Howdy diverdiver-ga,

From the Shelby County, Tennessee, Probate Court Clerk website Frequently
Asked Questions (FAQ) page.
http://co4.shelbycountytn.gov/court_clerks/probate_court/faq_probate.htm

"Q: Am I required to have an attorney in Probate Court?
...
Also, it is important to understand that the Courts will not allow a person
to represent oneself in his or her capacity as a fiduciary, such as executor,
administrator, conservator, or guardian. The reason for this distinction is
that in those capacities there are other people involved, such as heirs,
beneficiaries under a will, or creditors. While serving as a fiduciary the
person is not just representing oneself and therefore must have an attorney."

As you have stated "I do not want any answer that requires an attorney," and
as it appears, at least with my reading of the above, that would appear to
not be possible, how would you like to proceed.  Please advise.  Thanks!

Looking Forward, denco-ga - Google Answers Researcher
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