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.
I was recently removed or excluded from Will that my grandfather had created by the executor. I believe this is not against the desires, or the will unless intestine of my grandfather, which I do have, but I have not have the signed copy of the executor has changed this and has no longer following... View More
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answered on Dec 6, 2023
What is your question? You will have to rewrite your request.
Recently got a Tenncare request for release form and had fill out along with sent a death certificate by email for my mother that passed in nursing home with Tenncare Choices. They emailed me back since I am a disabled that they assert my estate when I pass. They will not let me know how much my... View More
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answered on Nov 8, 2023
If you are disabled, you do not have to pay anything to Tenncare while you are alive and remain disabled. It would be easier on YOU to just let the make a claim against your estate when you pass.
My father passed away, when he passed he and my step mom had matching wills. She had mental health issues and past away from dementia, prior to her death her will was changed even though she had dementia. Is the original will in effect? Does this void the will and give their family all rights to... View More
answered on Oct 8, 2023
If you were a stated beneficiary in a will that was revoked by a new will while your Mother was diagnosed with dementia, you may have standing to bring a will contest.
Do I have to send in a defense on a civil action in probate court if I don't object to anything? It says that a judgment by default will be rendered against me for the relief demanded in the complaint if I fail to defend this action. I don't get what I'm defending if I have no objections.
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answered on Oct 5, 2023
You can respond to the Petition served on you, but probably not required as in most suits. Go to Probate Court, read the File, and respond to questions. Hire a lawyer if it looks like you are not getting what you think you should.
If sons inherit property and both want to sell it to someone and they agree to it can they do so without putting it in probate? If it does have to go to probate who becomes executor if neither son wants the property and want to sell it? If it does go to probate if any liens or judgements are... View More
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answered on Oct 4, 2023
If there is sufficient equity in the property, then any tenant in common can file a Petition for a Sale For Partition.
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answered on Oct 4, 2023
There is no common law marriage in TN. However there may be property transfers or partnerships involved between the two persons, which give one or both rights therein. Consult with an attorney.
Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More
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answered on Oct 4, 2023
Hire a competent lawyer to draft, execute and record an Affidavit of Heirship as the source of title. But all tenants in common can remove you from possession.
I am Executor, but our daughters locked me out. Now the house is 2 years behind on taxes and they left it. I found a Vacant sign that was placed on the door. I didn't file because I couldn't afford it but the girls knew what the Will said, we all signed it. They left dogs in there and... View More
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answered on Oct 3, 2023
Your question cannot be answered without reviewing the will and other facts and circumstances such as whether the estate is solvent without the house. You should schedule a consultation with a probate attorney.
Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud
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answered on Sep 25, 2023
What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney.
things I said and it was put on social media. Is this legal?
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answered on Sep 1, 2023
Most likely it was legal. if false, a possible libel suit might lie, but a retraction must be first demanded.
Mother passed without a will in TN and left two vehicles in her name. My siblings would like fill out a Affidavit Of Inheritance form without going to probate court. Problem is both of them live in different countries and do not get along with each other. Since we all came to an agreement can I use... View More
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answered on Aug 22, 2023
There is no requirement that one notary public notarize all signatures. However, there is not enough room on the form for more than one notarial affidavit, so one notary public would have to use the notarial affidavit on the form and the other would have to attach a separate notarial affidavit.
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answered on Aug 9, 2023
The next of kin for personal property is determined in the State where the Decedent was a resident.
Grandmother always said she didn't want her assets in probate court, but it went straight to probate. Some of the properties she didn't even own in the oldest will and testament that was presented. She had a new Will made up signed with 2 witnesses, and a notary... The notary still... View More
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answered on Aug 1, 2023
You need substantial proof to contest a Will. Consult with an attorney, but it does not sound like a good case. Alot of time has passed and that destroys evidence being presented.
We are the only heirs. Taxes have been filed and debts paid. How do we close the account ?
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answered on Jul 31, 2023
You might need an attorney to close the Estate. At minimum you will have to file receipts, pay just filed claims, and file an accounting. Then a motion to close might be made, but other pleadings may have to be made.
If it appraises for say 300,000 and some of the kids think can get more money , can executor overide and make unison decision in selling price . Or do we all hafta agree .. Ty
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answered on Jul 27, 2023
Executor of Will has exclusive authority to sell the real property if it is a Probate asset. If not, then heirs at law own the real property. There may be other reasons to possibly file a Motion To Remove
the Fiduciary For Cause. You need to hire an attorney to look into it.
Can I get it back?
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answered on Jul 11, 2023
You need to contact your own lawyer and straighten this out. If only documents involved, then get another set or copy the Court's file.
Will doesn't waive filing of inventory.Will states no bond or reports to Court be required.
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answered on Jun 28, 2023
TN Statute requires the fiduciary to file an Inventory of Assets of the Estate. It must be filed very soon after Letters are issued, or the fiduciary might be removed for cause.
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