We are trying to get a saving account name changed at a national bank. We gave them a copy of our legal, notarized living trust and they indicated that the “establishment date” and the date the trust was “executed” needed to be the same date. This is the first time this has ever occurred... View More 
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answered on May 11, 2023
That is the Bank's own rules. You will need to find another Bank as you will not want to settle the Trust and reexecute another one just for this one account.
and no one has filled for probate. With little amount of stuff, will this even go to probate? Can the house be transfered to son with a balance still owed?
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answered on Mar 27, 2023
If no Will probated, home is owned by heirs as tenants in common, subject to Deed of Trust. But if Note is not paid, foreclosure will occur. After 45 days from death, a
Small Estate Affidavit could be filed if personal property under $ 50K. If Probate is not needed, then do not file.... View More
Shelter trust have to be created prior to the first spouses death?
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answered on Feb 21, 2023
Usually (but not always) the credit shelter trust is created soon after the death of the first spouse to die, BUT there must already be a trust or will that provides for its creation.
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answered on Feb 3, 2023
It is very rare (but not impossible) for a will to be irrevocable. For that reason alone you should have both wills reviewed by a probate attorney for definitive advice.
This is the house she and her husband live in. Can she sell the house, he is not on the deed. This is in Tennessee
answered on Jan 16, 2023
From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.
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answered on Dec 18, 2022
Yes you need two witnesses, even if your will is notarized (two witnesses are mandatory, notary is optional but recommended), unless your will is entirely in your own handwriting.
My siblings and I inherited riverfront property which I don't use. My siblings, who along with their kids use the property, won't buy me out. I don't want my kids to inherit the 'problem' and am looking for a way to solve the situation. Can I trigger a market sell? Or some other action?
answered on Dec 14, 2022
You can force a sale (or buy out) through a partition action with the courts.
Is this a scam?
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answered on Nov 24, 2022
Maybe. Maybe not. Ask him for a copy of the death certificate and letters of administration.
answered on Nov 21, 2022
Yes, one can contest the probate of such a will under those circumstances in Tennessee. I would suggest you speak to qualified legal counsel to pursue this action.
My deceased father's WILL listed monies from a home that was sold outside of the current estate to be used for payments but that account was co-owned by my father and I which I was told left me as the owner. I was told I did not have to use those funds to pay the mortgage but I did anyway... View More
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answered on Oct 12, 2022
It sounds like you were joint owner of a bank account, which left you the sole owner at Father's death. So the Will did not include such money even if it had such a clause. The remaindermen takes the real property as they vests in possession, which here is subject to a Deed of Trust. If... View More
Life insurance was in Kentucky. I live in Nashville TN
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answered on Oct 6, 2022
Anyone can sue anybody for anything so, yes, you can be sued. The real question is who would win. Most likely you would win, unless there are other facts that you have not provided. You can take some comfort in knowing that it is unlikely that any (good) attorney would take that case on behalf... View More
BOUGHT AND GAVE THOSE ITEMS AS GIFTS, OR DO THOSE ITEMS REMAIN AS PART OF THE ESTATE PROPERTY. MY SISTER AND I ARE BOTH EXEC. AS WELL AS 50 / 50 ON THE ESTATE. SHE THINKS SHE GETS EVERYTHING SHE HAS
EVER BOUGHT AND GIVEN MY PARENTS OVER THE YEARS. SOME OF IT FROM 20 TO 30 YEARS AGO. TO ME... View More
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answered on Sep 7, 2022
Gifts transfer ownership of the gifted item from the giver to the recipient(s). Items your sister gave her parents belong in their estates. They do not automatically go back to her. If she wants those items back, then they would come out of her share of the estate.
My dad's will has specific details on what to do and my sister is not complying with anything. She won't even respond to my text, call's, or email. I need help. I'm going to be homeless if she isn't going to help me.
answered on Sep 1, 2022
A Tennessee attorney could advise best, but there was urgency in your post, which must have gotten overlooked in the "Uncategorized" heading. Repost your question in the Probate and Estate Planning categories, or you could also reach out to attorneys in those categories. There's a... View More
Home owned solely by her she her voiced wishes without a will to have the home transferred to my brother and I and set to transfer to her grandkids and for us to let her husband live in the home till he passes and us make sure he is cared for. Her husband agreed to honor her wishes and voiced this... View More
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answered on Aug 24, 2022
If Mother owned the home individually, then you, your brother and her Husband each own 1/3 undivided interests as tenants in common. No Detainer Warrant amongst the owners, but the grandchildren could be ousted. A Partition Suit may be in order. Someone has to keep paying taxes.
answered on Aug 19, 2022
A last will and testament must be signed by the testator and two adult witnesses to be valid.
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answered on Aug 9, 2022
Usually if not in her name, she is not responsible. But a creditor can argue some debts were a necessity, like medicals, food, rent, etc, and still sue her.
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answered on Aug 8, 2022
Hire a competent attorney to determine Heirship, then and now. It will not be easy, and locating other Heirs may be impossible. Quit Claim Deeds or a Partition Sale may be the final result.
My dad was put on my grandma's will as executor and when she passed he wrote a text message denying the rple as executor I was then forced to take care of everything regarding my grandma's funeral my dad then went to the bank and told everybody he is the executor. I ended up paying For... View More
answered on Aug 2, 2022
Depending on the size of your grandmother's estate, you need to start a probate proceeding and have yourself appointed as the executor of your grandmother's estate. If her estate is smaller than $100k, then you can avoid probate and handle it via a small estate affidavit. An attorney... View More
The court appointed the probate lawyer to be an administrator in my husband 's estate,so basically I would like him to be removed from this position and estate to be closed. I just simply do not trust him.
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answered on Jul 20, 2022
That is a motion to remove the administrator for cause, and maybe an accounting. You will need some definite reasons to talk the Judge into removing someone he appointed a fiduciary. Not trusting him will not suffice. Also a proposed successor administrator will need to be suggested, such as... View More
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answered on Jul 15, 2022
Yes, you can, but you shouldn't do this without the advice and assistance of an experienced estate planning attorney to make sure it is does correctly and that you make the right tax elections.
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