Property Dispute Legal Steps

Summary

In Tennessee, you can send a written request for the return of your property. If refused, file a lawsuit in small claims court. You are generally competent to testify about your agreement with the decedent if it doesnt involve the estate. The Dead Mans Statute prevents testimony about transactions with a deceased person in estate disputes. If you can prove ownership, the property is not part of the decedents estate. Consult a local attorney for personalized advice.

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Tennessee
Hello. It seems like your issue is related to a property dispute. Could you please provide more details about your situation? For instance, what type of property are we talking about and how did the decedent's mother acquire it?
Furniture. I bought it from decedent and loaned it to him and she refuses to give it back
Hello. In Tennessee, you can take the following steps:
*. Send a written request for the return of your property.
*. If she refuses, you can file a lawsuit in small claims court for the return of your property or its value.
Please consult a local attorney for personalized advice.
Am i competent to testify to agreement with decedent since it doesn't involve estate?
Hello. In Tennessee, you are generally competent to testify about your agreement with the decedent if it doesn't involve the estate. However, the court may require proof of the agreement, like a written contract or witnesses. Consult a local attorney for personalized advice.
The mother sent me a message acknowledging the amount and tried to pay me back
Hello. If the mother acknowledged the debt, her messages could serve as evidence if you decide to pursue a legal action. Please consult a local attorney for personalized advice.
Is the only time that a party cannot testify to cobs and transactions when it involves an estate
In Tennessee, the "Dead Man's Statute" generally prevents a party from testifying about transactions with a deceased person in disputes involving the estate. However, there can be exceptions. Consult a local attorney for personalized advice.
If i own it then it's not part of his estate, correct?
Hello. Generally, if you can prove ownership of the property, it would not be part of the decedent's estate. However, legal complexities can arise. Please consult a local attorney for personalized advice.