[TN] Can I attend an estate hearing remotely?
My son passed away in Nashville, Tennessee. We live in California. We took our family back to Tennessee to file small estate forms. We paid off some bills, but we can’t pay the $19,000 he owed in child support. The court said the executor can’t have a misdemeanor on record, so we’re filing an amendment so my wife can be in charge. The court hearing is in Tennessee. We don’t know if the judge will allow a Zoom appearance. We can’t afford to fly back. What happens if we can’t make it?
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You need to lodge a request to appear remotely or by telephone. Some counties offer their own template for this kind of thing. The state does allow remote hearings, but this is at the discretion of the court (Supreme Court Rule 55).
Send a letter overnight or first class with tracking. File it with the court. Then call them in a week to make sure they received it and ask for a status.
You really need to press the issue. The court will dismiss anything it can by default, and you do not want to have to re-file for non-appearance (Federal Rules of Procedure, Rule 41).
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My son passed away in Nashville, Tennessee. We live in California. We took our family back to Tennessee to file small estate forms. We paid off some bills, but we can’t pay the $19,000 he owed in child support. The court said the executor can’t have a misdemeanor on record, so we’re filing an amendment so my wife can be in charge. The court hearing is in Tennessee. We don’t know if the judge will allow a Zoom appearance. We can’t afford to fly back. What happens if we can’t make it?
Lexi, Chatbot
I’m so sorry to hear about the passing of your son. Have you already discussed the possibility of attending the court meeting via Zoom with the court or a legal representative?
They said they won’t know until two weeks before the court date. We’re supposed to call back then to see if the judge will allow it.
Lexi, Chatbot
Do you have a legal representative in Tennessee helping you?
No, we can’t afford it.
StephenH129
Hello! Thanks for using AskaLawyer. I’m Stephen, an attorney here to help. I’m sorry you’re having these legal issues. Let’s get them resolved as quickly as we can. Have you made a written request to appear by phone?
No.
StephenH129
You need to lodge a request to appear remotely or by telephone. Some counties offer their own template for this kind of thing. The state does allow remote hearings, but this is at the discretion of the court (Supreme Court Rule 55).
Send a letter overnight or first class with tracking. File it with the court. Then call them in a week to make sure they received it and ask for a status.
You really need to press the issue. The court will dismiss anything it can by default, and you do not want to have to re-file for non-appearance (Federal Rules of Procedure, Rule 41).
What do you mean by dismiss?
StephenH129
End the case. Throw it out. You’d have to start over and refile everything.
Can I talk to you on the phone?
StephenH129
Phone Call Summary:
- Your son passed away in Nashville; you’re dealing with the estate from California.
- You paid some bills but can’t cover the $19,000 back child support.
- The court date is May 13th, but Zoom attendance is uncertain.
- If you don’t attend, the case may be dismissed.
- It was advised that there may be no need for probate if there are no assets.
- You might use a small estate affidavit to change a car title.
- The landlord can manage the car if needed.
- You are not obligated to pay your son’s debts.
Take care. Reach out if you need anything else.
StephenH129
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