The Court may order it until Probate is closed. But Heirs take at death, not after the Probate is closed. You may move the Court to stop the renting and take possession. But the renter has to have a Detainer filed against him by someone with authority or ownership, unless he leaves...Read more »
home place and I am to inherit vacant land. The probate lawyer insisted that the rent from the vacant land which will be mine to be placed in the estate account. However, my sister is collecting rent from the
house she will received, but she is not depositing any funds into the estate... Read more »
house to her grandson and spent a lot of money remodeling it for him. She is keeping the rent money for herself. She did not have permission from me to do any of this. is it legal for her to keep the rents for herself and not go into the estate account?
Ask her for half the money. If she refuses, then file an action for a Sale For Partition. That will get her attention and a possible agreement. She can put others in possession. You could sue in Chancery for contribution, but it would probably not be worth it.
The land is in my name I pay the taxes probate court is over its been a year I want to sell a piece of the property that is in my name can she get half money even though she didn't didn't want anything to do with it or come forward..they still haven't but I'm just worried about... Read more »
Hire an attorney to search the title and determine heirship. Owners have rights, which include Partition actions. Land usually does not go through Estates, but Probate may have to close prior to clearing title.
Without physical possession of a Will it is very difficult to prove its existence. You may wish to start an Intestate Administration, but first consult with a competent attorney to see if Probate is needed. Remember a surviving spouse cannot be disinherited, and is entitled to a large amount of...Read more »
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... Read more »
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...Read more »
My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... Read more »
You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where...Read more »
You can always hire another attorney but when you do, be sure to let the first attorney know that he has been fired so he does not keep working on your file (assuming he is working on it). As a general rule, attorneys cannot bill for services NOT provided, but there are subtle exceptions. Your...Read more »
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.
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...Read 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... Read more »
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.
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... Read more »
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...Read 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.
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...Read more »
More than likely you will need to file a Probate Action, possibly a Small Estate Affidavit. Sometimes there is not enough money involved to justify the expense of Probate, so consult with a competent attorney.
Can I use the partition provision of TN law to force a sale of property I jointly inherited with family members, when 2 of the 6 beneficiaries of the will were also given a lifetime estate in the properties as part of the will?
If I am joint owner of Mom's banking account will the court order that also to be split?
There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it... Read more »
If you are the Joint Owner, then the Bank Account is yours and does not go to the Next Of Kin. Who the Heirs are, of which Decedent, is something you need to talk to a competent attorney. Title needs to be searched, and Heirs determined. The paper may or may not be a Will. If not Probated, it...Read more »
There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it should be split equally between my brother and me. But I am told it is not a valid will. Would I not... Read more »
When a person dies without a valid law, heirship is determined by the laws of intestate succession. It sounds like your mother was single when she passed. In that case the estate is split into one share for each child, living or deceased, unless a child died without any living descendants of his...Read more »
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