Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?
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answered on Apr 22, 2024
Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More 
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answered on Apr 18, 2024
If you do not take the fiduciary oath, then you will never be the fiduciary. If someone calls you about it, explain that you refuse to be the executor.
Some of the property and the house is going to be taken by the city to widen the road. How do we make sure we are compensated for the land and house when the city takes it?
One of the heirs doesn’t want any property, does she relinquish her share prior to us getting the title, or does... View More
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answered on Apr 13, 2024
The title can be updated using a simple affidavit that is recorded in the land records, but the title will not be marketable until at least one year has elapsed since date of death or the other assets of the decedent
have been probated and the estate was solvent.
If one of the heirs... View More
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answered on Apr 12, 2024
If the Daughter is a joint holder or a payable on death name on the signature card, then the deposited funds are owned by the Daughter. Wife should have no authority to remove money. Bank could be sued for such a conversion.
There wasn't any percentages given as to the division of account. Who is entitled to the money in the account?
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answered on Apr 12, 2024
A beneficiary designation like the one you described is usually interpreted as meaning equal shares.
Me and our children are the heirs. What can I do she won't speak with me.
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answered on Apr 10, 2024
Hire a probate attorney. Get yourself appointed as executor or personal representative. Then as executor or PR sue her for the return of items stolen from the estate.
Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More
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answered on Apr 9, 2024
What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More
Do I have to add to the estate and share amongst my siblings ?
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answered on Apr 4, 2024
If you are a joint tenant on a bank account, and the other tenant dies, then the money is yours individually. Ask the bank and look at the signature care for the account.
ARIZONA probate funeral reimbursement question
I am the personal representative of my father’s estate going through informal probate in Arizona. I paid the funeral out of pocket before being receiving letters of administration. My understanding is I can be reimbursed for the funeral... View More
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answered on Mar 27, 2024
Hire an AZ attorney to file your claim against the Estate.
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answered on Mar 16, 2024
I hesitate to recommend doing that, because it will make it extremely difficult for the executor to obtain a federal taxpayer ID number for the estate, which is an essential prerequisite to opening an estate bank account.
The judge ruled a partition by sale of my home. I would like to be reimbursed for my contributions. I have receipts for everything. What's the proper legal term for what I need to file in order to seek a judgment?
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answered on Mar 11, 2024
Hire an attorney to defend you and file an Answer. There you can claim contributions and reimbursements to be added to your share from the Common Fund. His Fee can actually be paid from the proceeds.
I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More
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answered on Mar 6, 2024
Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More
My father passed away 1/25/2024 at his residence in Zephyrhills, FL. He had a live in girlfriend/ caregiver of 12+ years. She stated he did not have a will. She is refusing to give us any of his ashes or any of his personal items that we are requesting. She has ceased all contact and will not speak... View More
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answered on Feb 13, 2024
This case will be governed by Florida law so you should repost your question but specify Florida instead of Tennessee next time.
In full and be able to obtain the current deed following payment? As well as claiming ownership?
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answered on Feb 1, 2024
To address the unpaid property taxes and potentially claim ownership of the property as one of the surviving children of your father, you'll need to follow a specific legal process:
Pay Unpaid Property Taxes: You can pay the unpaid property taxes to bring the property current. Make... View More
In full and be able to obtain the current deed following payment? As well as claiming ownership?
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answered on Feb 1, 2024
Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer... View More
I had a holographic Will construed by my prior attorney due to the language being ambiguous. It has not been presented in court yet. I want to hire representation to present it for whenever I get a court date. It's already been paid for, so there is no work to do besides presenting it. I do... View More
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answered on Jan 31, 2024
Hire an an attorney to probate the will, if there are sufficient assets. Your lawyer should determine if probate is advisable or that intestate succession controls where the assets go already. Construing the will could be an issue for the Court to decide.
I looked up Tennessee law and it says if someone dies without a will the home is divided between the children and spouse with spouse receiving no less then one third.
The deed says : My fathers name and his wifes name there heirs and assigns forever in fee simple
Grantor covenants... View More
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answered on Jan 26, 2024
Ownership of real property by husband and wife creates a tenancy by the entirety unless the deed specifies a different form of ownership. When one dies the other becomes the sole owner.
My step mother died in August and her sister died 24 hours prior to her death. The daughter was the only one who has access to the Trust and has been managing the money. She was given the death certificate and claims she does not have the original will. My father has already passed and has left... View More
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answered on Jan 10, 2024
Anyone with an interest in the matter can open a probate. That includes you. You can hire an attorney to help you. The legal fees should be reimbursed by the estate.
Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More
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answered on Jan 1, 2024
In cases where a deceased person owns property in a state different from where they died, and there is no will, the laws of the state where the property is located typically govern the distribution of that property. In your case, since the property is in Tennessee, Tennessee's intestacy laws... View More
My father passed in Feb 2023 and I haven't gotten into the business part of my fathers stuff yet bc my mother passed as well this year. I am sole heir to everything in this family. My mother was 1/4 partner as well, but never kept up with the business side of things, the men did. Before she... View More
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answered on Dec 27, 2023
As administrator you will want to dissolve the Partnership. The assets may not be collectable but you can pursue dissolution. You will need a competent attorney and expect to pay alot. The Partnership interest is personal property and goes to the next of kin which is almost always also the... View More
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