Do I need a lawyer to file a small estates affidavit?

[IsitworthitinTN]

My mother passed in January without a will. She has three surviving children. She has also has four surviving siblings. Her bank account had roughly $330. Since her death we have received checks made out to her estate totaling roughly $370. If I add $330 and $370 this totals $700, which I assume would need to be split equally between myself and my siblings. Back in January, before we received the checks made to her estate, we visited a lawyer who advised that with court costs and his fees we would essentially end up with a negative balance filing for the balance of her small bank account. Now that these additional checks have been received, I am curious if it is worth my time to pursue $700 and whether I can do so without a lawyer's assistance.

 

[mightymoose]

You don't need a lawyer for this. A lawyer just makes it easier, but expensive.
It is a small amount of money. Decide for yourself how much trouble it is worth to you to get it.

 

[army judge]

My mother passed in January without a will. She has three surviving children. She has also has four surviving siblings. Her bank account had roughly $330. Since her death we have received checks made out to her estate totaling roughly $370. If I add $330 and $370 this totals $700, which I assume would need to be split equally between myself and my siblings. Back in January, before we received the checks made to her estate, we visited a lawyer who advised that with court costs and his fees we would essentially end up with a negative balance filing for the balance of her small bank account. Now that these additional checks have been received, I am curious if it is worth my time to pursue $700 and whether I can do so without a lawyer's assistance.

First of all, my condolences on your loss.
May she rest in heavenly peace.
Her siblings aren't eligible for any inheritance as a result of your mom's dying intestate (without a will).

This link explains inheritance without a will in TN:

http://diesmart.com/ibuttons/dying-intestate/dying-intestate-tennessee/

But, in your case, this is HOW it applies:
No spouse survives but there are other relatives
If there is no surviving spouse, the estate passes as follows:
1) to the issue of the decedent; 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 representation.


This is where it STOPS in your case, THREE (ISSUE) children, and you each take 1/3 share.

2) decedent's parents
3) decedent's siblings and the issue of each deceased brother and sister
4) decedent's grandparents
5) the issue of deceased grandparents
6) other relatives




In your case, as Moose said, you can do this without spending money for an attorney.