My mom died intestate and small estate ?

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verycre8fone

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My mother passed away in an auto accident on 02/02/2008. She didn't have a will, she was single, and she didn't own a home. Her checking account only had her name on it. The vehicle was totaled and on top of that, insurance is coming up $537 short in paying her loan off. She has a couple thousand in a checking account, some furniture, and about $3,000 in debt that I know of. If her tax return is filed, she would probably have just enough to cover the debts she owes, or close to it. I know I am eligible to file a small estate affidavit because all of her assets are below $25,000 (I am in Tennessee). However, my question is, what does this entail? Does this mean that when I sign the affidavit that I will pay off her bills, that I am liable out of my own pocket if one I did not know about comes out of nowhere? Also, how do people file a claim against a small estate? I want to take care of these things, however, I do not want to sign my life away.
 
Tennessee Intestate Succession Laws

If any part of a Tennessee decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate, including both separate property and the one-half of community property that belongs to the decedent. However, the amount a surviving spouse is entitled to varies as follows:

* If there is no surviving issue (e.g., child or grandchild) of decedent, the surviving spouse is entitled to the entire intestate estate.
* If there are surviving issue of the decedent, the surviving spouse is entitled to the greater of one-third or a child's share of the entire intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's issue. If they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by per stirpes representation.
2. Decedent's parent or parents equally.
3. Decedent's brothers and sisters and the issue of each deceased brother and sister by per stirpes representation. If there is no surviving brother or sister, the issue of brothers and sisters take by per stirpes representation.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased. Such issue take equally if they are all of the same degree of kinship to the decedent and, if of unequal degree those of more remote degree take by per stirpes representation. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.

3. State of Tennessee. If there is no taker under any of the above provisions, the intestate estate passes to the state of Tennessee.

Tennessee Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* Relatives of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent (provided the new-born lives at least 120 hours after birth).
* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of Tennessee gets the intestate estate.
* Tennessee's intestate succession laws can be found in Title 31 of the Tennessee Code.

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http://www.finance.cch.com/pops/c50s10d190_TN.asp
 
Q: I know I am eligible to file a small estate affidavit because all of her assets are below $25,000 (I am in Tennessee). However, my question is, what does this entail? Also, how do people file a claim against a small estate?

A: The probate court probably will have the forms you need. Check at the courthouse.


Q: Does this mean that when I sign the affidavit that I will pay off her bills, that I am liable out of my own pocket if one I did not know about comes out of nowhere?

A: You are liable only if you take any assets. If the bills are larger than the assets, you will owe money. You cannot "inherit" debts.
 
verycre8fone said:
Is $300 in furniture and some dishes considered assets that the court would consider property to go toward debt?
Click to expand...

Sure; sell them and pay on the debts.

Does she have any heirs? (Meaning: father, mother, brother, sister, son, daughter, husband....)
 
She was 48 and she has three children (my brother, sister, and I). My brother and sister both want me to handle it, and will sign waivers to let me do so. My mom has a sister also. Do I have to consult her sister on these matters being that there is no will and really no money?
 
I Posted Here About My Mom Passing Intestate Last Month

I am in Tennessee, and I was told by an estate lawyer (not one that I hired, but I just asked for some advice), that I do not have to do anything at all with my mom's estate since she only had a couple thousand in her checking and about $3,000 in debt, and no will. Will I get in trouble if I just walk away?
 
Oops, I Posted Last Month (see thread below) about my mom

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I am in Tennessee, and I was told by an estate lawyer (not one that I hired, but I just asked for some advice), that I do not have to do anything at all with my mom's estate since she only had a couple thousand in her checking and about $3,000 in debt, and no will. Will I get in trouble if I just walk away?
 
Would $300 in furniture from her rented apartment count as assets? It's sitting in my garage not being used because the landlord needed to rent the apartment out to someone else.
 
Q: Will I get in trouble if I just walk away?

A: No; as long as you don't get anything from the estate, you have no obligations.
 
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