What happens when a Will is not probated; do the beneficiaries have rights?

Question Details:I have my mother's Will. She left me land but my father never probated the Will before he died. He quick claimed all the property to my brothers and left me out. Is there anything that I can do?

Asked 5 years ago under Wills, Trusts, Probate | 4105 Views | More Legal Topics

Are you an attorney? Sign up to answer this question.
B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 5 years ago

It's quite possible, if you haven't let this go for too long.  It also depends on how the land was titled, whose name or names were on the deed when your mother passed away.  If the land was owned by your parents as husband and wife, then the will doesn't matter, the property never went into the estate that should have been probated, and your father became the full owner at your mother's death.

But, if it works out that you should have gotten the land, under the will, there should be a good chance of getting it back.  You need to contact an attorney, in the part of Tennessee where the land is located, who does wills and estates law.  And you need to do that as soon as you possibly can.  One place to look for a lawyer in another state is our website, http://attorneypages.com

Attorney Quick Finder

Top Ranking Attorneys

  • Gregory Abbott 72 Answers | Points 700 Bronze Contributor
  • Terence Fenelon 226 Answers | Points 600 Gold Contributor
  • Joanna Mitchell 11 Answers | Points 450 Bronze Contributor
  • Maury Beaulier 322 Answers | Points 450 Gold Contributor
  • Christine Socrates 17 Answers | Points 400 Bronze Contributor
  • Anne Brady 931 Answers | Points 400 Platinum Contributor
  • Anne Brady 931 Answers | Points 46530 Platinum Contributor
  • Kevin Bessant 741 Answers | Points 37030 Platinum Contributor
  • Hong Shen 568 Answers | Points 28400 Platinum Contributor
  • Catherine Blackburn 566 Answers | Points 27770 Platinum Contributor
  • Victor Waid 522 Answers | Points 26060 Platinum Contributor
  • Tricia Dwyer 480 Answers | Points 22150 Gold Contributor