My father willed the family home to me leaving my mother lifetime residency. He was the sole owner of the property. My mother's lawyer had her sign a Lifetime Estate deed for herself, but she wasn't willed the property. Everything I've read states there is a difference between... View More 
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answered on May 3, 2024
Hire a TN attorney to search the title first. Unless the Will is Probated it means nothing. More than likely you are an heir. Dad's surviving spouse would be an heir also. If Mother was not a spouse, then she has no interest at all. You may need to file an Ejectment Action.
Mortgage company says they can't force me to pay it, but can still foreclose don't make enough to pay it
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answered on Apr 30, 2024
The Deed of Trust and Note appear to be enforceable. If the Note is not paid, the lender forecloses. You might want to sell the home now if there is any decent equity. Otherwise you might rent it until foreclosure. You are not personally liable on the debt.
What are the possible outcomes in court if a Life Tenant can't afford to make the repairs?
I'm the beneficiary to the family home and several rental properties. Lawyer miss deeded properties to all siblings and mother. Quick fix-quit claim property back to rightful heir, but mother didn't quit claim. Mother instead gave herself life estate when she was willed life residency.... View More
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
but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?
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answered on Apr 19, 2024
Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW.... View More
I closed on my house in January, the previous owner left a few things here and I only agreed to hold onto a few of them until she came to get them. Can she take everything she left or just the stuff I agreed to hold for her? It doesn't mention any items listed in the closing documents.
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answered on Apr 17, 2024
Hire a competent attorney to draft that Deed. There are several different estates that could be created, not just putting her on the Deed. Ask the lawyer for the choices, and if he does not know what to explain, go somewhere else. It should not cost more than $300. If there are any problems,... View More
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
We spoke with the mortgage company and they didn't care. We contacted the company that sent us the deed of trust and they have still not responded to us. Is it legal for us to have this in our hands at the moment? What is the right thing we should do with this?
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answered on Apr 8, 2024
Something does not sound right. Hire an attorney to search your title and examine all instruments and debt statements. If you refinanced, then that is what has occurred to the original trust deed and note, with a new debt outstanding that is secured by a another deed of trust.
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answered on Apr 8, 2024
You have not stated the exact estate. Assuming Dad is married to stepmother, if Dad dies intestate then she will be an heir at law as a tenant in common with you all of some undivided interest.
I received a notice saying: Liability to Landlord insurance is limited to damage to Landlord's property arising from the perils of: fire, smoke, explosion, backup or overflow of sewer, drain or sump, water damage, falling objects, riot or civil commotion.
$100K limit; coverage is per... View More
answered on Apr 5, 2024
No, unless your lease agreement obligates you to pay for such insurance, the management company cannot simply demand that you pay it. You would have to agree with your landlord that payment for such insurance is part of your obligation under your lease.
I have a question about property, my husband and i are getting a divorce. the property was from his mom, there is something called a Quick Claim Deed. The reason i am asking is he added my name to and now i am wanting it off. And then about a divorce uncontested
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answered on Apr 1, 2024
Hire an attorney to file the Divorce. If not agreed to then you must have grounds. Part of the agreement should be execution by you of the Quit Claim Deed of your interest to him.
Have had several issues come up which builder has addressed. However, he has refused to finish. For instance, house is settling which caused doors to not close properly and a crack in an interior wall. He fixed doors, but has not fixed the crack. Also, there is a retaining wall in our front yard... View More
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answered on Mar 27, 2024
Hire a lawyer to sue on the warranty all liable parties.
If you are a landowner petitioning the county for an easement through someone else's land, but you already have an easement through a separate piece of land and it is recorded in the deeds, can you be granted another easement though the other person's property just because your already... View More
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answered on Mar 15, 2024
No... A recorded easement needs to be in the servient tenement's chain of title, not in the title of the dominant parcel. You do not "petition the county". You must file suit, usually in Chancery. More than likely landowner wanting to use the ROW will need to go to Court... View More
We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More
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answered on Mar 11, 2024
Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More
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.
My driveway connects to two properties, my own and a vacant residence. The neighbor on the other side of the vacant residence uses the driveway to go and dump scrap metal, junk cars, car parts in the vacant properties backyard, supposedly with the owners permission. The owner has been deceased for... View More
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answered on Mar 8, 2024
Hire an attorney to search the titles of all properties involved, that is at least two. An easement needs to be recorded in the servient parcel's chain of title, not the dominant (the one that uses the ROW) parcel. Twenty years of use easily creates an easement by prescription. If no... View More
I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More
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answered on Mar 7, 2024
I understand this is a difficult and stressful situation. Based on the information you've provided, here are a few important points to consider:
1. Legal ownership: If the house is legally under your friend's name, they are the legal owner of the property, even if you have made... View More
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