I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More 
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answered on Aug 21, 2023
It is possible that you are left with only an expensive, difficult Ejectment action. However you might get away with a Detainer if they do not fight you. Hire a an attorney now to investigate and draft a suit in Chancery. Hopefully you do not have a boundary dispute.
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answered on Aug 10, 2023
If you believe the executor of an estate is not fulfilling their responsibilities or communicating effectively, there are steps you can take. First, review the will to understand your rights. Try to communicate your concerns with the executor and request information about the estate's... View More
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answered on Aug 10, 2023
Not sure of your question. But has an inventory been filed? If not then you may wish to move the Court to remove the executor for cause. But be prepared for a lawyer or even you to get appointed the Estate Fiduciary. He and his lawyer do not represent you, but there are various statutory... View More
Mother passed away left nice house to three daughters one of them executive of will and she just want to sell for whatever. Doesn't all have to agree on price.
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answered on Jul 28, 2023
Has a Will been filed for Probate? If so then read it. If specific real property is devised to the three daughters, then all three own as tenants in common. If not, the executrix may have the authority to sell assets and distribute the net proceeds to all beneficiaries. If she has the power... View More
On June 2023 my mother passed on leaving a truck and van in her name brought by my father years back. I have a problem with 4 siblings. All siblings are not related to marriage of mother and father they are from different marriages. I wasn’t born yet when they got married and now I am heir in... View More
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answered on Jul 28, 2023
If your mother died single (widowed) and is survived by any descendants at all and did NOT have a will, then her heirs at law are her then living biological and adopted children and descendants of any predeceased biological and adopted children. Stepchildren of your mother are NOT heirs at law if... View More
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answered on Jul 27, 2023
Call any attorneys that the Decedent might have used. Call the County Probate Court where the Decedent lived and check if any Probate proceedings have begun. Look through the Decedent's papers, safes, desks, etc. If nothing else, file an intestate administration in the appropriate County.
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answered on Jul 25, 2023
Not Probate Court but Chancery Court in TN. As a relative you need to file a Petition for a Conservatorship. It costs money and time, but if you do not, that brother/attorney in fact will steal all mom's assets. As Conservator, revoke the POA, and ask for an accounting. Notary might get... View More
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answered on Jul 24, 2023
If your unresponsive relative is unable to make a decision regarding power of attorney, you'll need to go through the Probate Court. By petitioning the court, you can be appointed as their guardian and/or conservator. Guardians are responsible for the relative's physical wellbeing,... View More
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answered on Jul 19, 2023
Was the Will filed for Probate? If not, it has no effect. If Probated, then the executor should have transferred the property to the legatee with a Receipt. A motion can be made in Probate Court, or an Action to Recover Personal Property in Sessions. If there was a Bond, a claim could be made... View More
My brother is wanting me and my other oldest brother to sign an instrument and I'm not sure what it means. Remind you this brother has been extremely rude and has left very disturbing messages to me and my oldest. He is wanting everything or nothing pretty much and I feel as if it should be... View More
answered on Jul 11, 2023
Very sorry to hear of your loss and your brother's behavior at this time. You really need to contact a PROBATE LAW attorney in your area right away, particularly if your father had any substantial assets like a house. Justia really isn't a place to get legal services, there are many... View More
I have been paying the mortgage for her for years and the cash is to be split between 3 children. Do I need to go through probate? What should I do with the mortgage company? Do I need to let them know or can I just continue to pay the mortgage? There is a will in place.
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answered on Jul 10, 2023
You should contact the lender and let them know your mother passed and you are the successor in interest, so that they will start sending the monthly statements to you. (They will require a copy of your mother's will, at a minimum. They might also require a final order of distribution or... View More
My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More
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answered on May 14, 2023
This question demonstrates a problem with relying on beneficiary designations as an estate planning technique (yes, even for life insurance). When more than one person is named as a death beneficiary, with nothing more, there is an ambiguity created as to what should happen if one of them... View More
My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More
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answered on May 12, 2023
Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... View More
My father passed a short while ago. In roughly June of last year, he was involved in a vehicle crash at work and was going through the process (rehab, etc.) of settling the lawsuit. Per his lawyer, I would need to open a small estate to settle his case, and he would make a demand once the estate is... View More
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answered on Apr 10, 2023
You should be able to file the Small Estate Affidavit in Chancery or Probate yourself, but if unsure hire an attorney. Bank Accounts and Car are assets. Cause of Action is also an asset, which you should estimate value. Affidavit is for Personal Property under
$ 50K. Some Courts... View More
Both parents have passed but the poa was submitted to gain access to bank, social security and life insurance plus submitted to court. I want to know as the oldest child and now executor what I can do to have them accountable for their actions?
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answered on Mar 19, 2023
If you have evidence that your siblings have submitted a falsified Power of Attorney (POA) to gain access to your parents' assets, you may want to consult with an attorney who specializes in estate law to discuss your legal options.
One potential course of action may be to challenge... View More
They presented it to the bank, social security what legal actions can I do to charge them if any accountability on their part for doing this? I am the oldest as well as the executor of the estate
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answered on Mar 18, 2023
You can file a petition to nullify the POA due to your mother’s lack of capacity, which you can prove with medical records and doctor testimony.
After the POA is nullified, you can file a petition for the appointment of a conservator for her. The conservator will be required to account... View More
My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... View More
answered on Mar 10, 2023
I am sorry for the loss of your mother.
I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest... View More
She is said to have left Me a house and land
answered on Mar 6, 2023
If you believe that you may have been named as a beneficiary in your great aunt's will, there are several steps you can take to try to confirm whether this is true:
The first step in determining whether you may have been named in your great aunt's will is to talk to other family... View More
She is said to have left Me a house and land
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answered on Mar 6, 2023
Call the probate court in the county in which your aunt had lived to see if a probate has been opened. If yes, request a copy of the petition and her will and the letters of administration and the final order of distribution. Also search the land records with respect to the properties in question.... View More
Auto,s guns and much more taken an sold . They are taking from my mom which is elderly but is of sound mind herself
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answered on Feb 13, 2023
First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... View More
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