Dealing With A Probate Issue, Get Your Reading Glasses On!

Location: Tennessee

My wife’s father passed away 22 months ago. We’re still in probate court with her father’s 7th wife and his 3 adult children.

The primary issue is that the decedents (7th) wife concealed and disposed of his will. It has come out through witness testimony that the will indeed existed. The 7th wife then claimed that there WAS a will, but my wife tore it up in her father’s face stating it wasn’t good enough for her. Subsequent witness testimony proved that also was not the case.

The 7th wife’s sister was appointed the executor of the estate in said will, however she did not assume any of those responsibilities, so an administrator ad litem was assigned by the probate court.

During these 22 months, the 7th wife has prevented his children from entering the home and removed ALL items from the home. Everything, including all items mentioned for other parties in the will (which she stated didn’t exist) And I mean EVERYTHING! Blades from ceiling fans, electrical outlets, appliances…. EV-ERY-THING!

The administrator ad litem’s inventory of all household assets value totaled +$90K plus the $285K home (with a $100k mortgage balance).

The 7th wife hired an attorney early on in the process (whom she never did pay and was subsequently dropped as a client) that filed for a claim providing a probate homestead exemption for her in the amount of $35k plus a spouses share of the estate at 40%. (T.C.A. 30-2-201 thru 211).

It appears that we can likely nullify the 40% estate share through the value of the items she has already stolen from the estate, but our attorney seems to feel like there is no way around the $35K from the homestead act.

The question is… how can one completely piss on the probate process, dispose of ALL of the estate assets (minus the home), live in the home rent, insurance and mortgage free for 22 months, do damage to the home that includes bullet holes in drywall and windows, damage to door frames, and a cockroach infestation, lie under oath in Chancery AND Probate court and STILL be entitled to $35K free and clear?

I understand the spirit of the homestead law and its intentions. And generally, I’m in favor of them. However in this case, the widow has repeatedly lied under oath for the 22 months as well as stolen all of the property from the estate and remained in the home without paying anyone anything. While I had to pay $14k to catch up the mortgage so the house would not be sold under foreclosure, pay $10k in lawyer fees and actually had to pay the remainder of the decedents funeral balance because the 7th wife cussed out the funeral director and refused to pay!

Now, we’ll get our expenses reimbursed after the home sells and probate is funded. But damn!

How can you be proven to be a colossal lying POS and still get away with it? Is there ANY way around this homestead exemption?

(BTW, I know we can file a petition to challenge the exemption, but what grounds are acceptable? Perjury, theft?

ALSO, I know I can speak to the lawyer I’ve already paid $10K, but you guys are cheaper!)