
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.
Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?
The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.
Is this legally allowed?

answered on Feb 2, 2023
A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »
have the funds to cover same. Must the money for these charitable bequests be taken from my son's trust?

answered on Jan 31, 2023
Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if... Read more »
My father had an attorney create a deed listing my father and mother as life tenants and myself as remainder owner. My father passed and my mom had a Will created naming a grand daughter as a life tenant for one of the properties and myself as remainder owner.
(Her attempt was to give a... Read more »

answered on Jan 28, 2023
If the life estate deed was properly executed and recorded, and your father has already passed, then, when your mother has passed you, as the remainderman, will be the sole owner. Her will can have no impact on that property, because her life estate ends at her death. In other words, the property... Read more »
Insurance policies. He always said I would be taken care of if he died. No where am I listed as a beneficiary to his investment accounts, house, bank accounts, etc. He leaves behind 2 sisters he had no contact with for over 20 years. Do I have any standing to sue his estate? Numerous friends and... Read more »

answered on Jan 26, 2023
I am so sorry for your loss and even more sorry to be the bearer of bad news, which is that no amount of testimony will fix a failed or missing estate plan. If your boyfriend died with no surviving spouse or parents or children and no written estate plan and no designated death beneficiaries, then... Read more »
Taken me off that list now I did not sign any paperwork I did not know about this till until today and this was done last week do I have any legal right because he did this without my knowledge or my signature or anything I just want advice on this thank you very much. Just wanted to add in... Read more »

answered on Jan 24, 2023
Your friend has every right to change his identification of "next of kin" with the bank any time he wants and your signature is not required.
My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... Read more »

answered on Jan 18, 2023
Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.
My life tenants have put up a sale sign as of yesterday after tress have fallen on house and septic tank and other issues. The value is not up to par, I doubt they had insurance since they asking to sale , and no one mentioned anything to me

answered on Jan 17, 2023
In theory, yes, you can sell your remainder interest, but as a practical matter you might find it difficult to find a buyer who is willing to wait until both life tenants pass before he can take possession of the property.
The life tenants could also sell their life estates but, again, as a... Read more »
What is probate and is it required in TN?

answered on Jan 16, 2023
If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... Read more »
Her son insists that he should get her share. Dad is still living and won't change trust. Can my nephew dispute the trust after my dad passes.?

answered on Jan 8, 2023
The plan of distribution you have described is perfectly legitimate and rather common. The nephew would not be able to challenge is just because he does not like it. To challenge it he would have to prove that the parents (makers of the trust) were not of their right mind when they signed the... Read more »
Aunt and Uncle each owned 50% of house. She passed so it it his 100%. The deed still has his and her name on it. His will states he is leaving it to me. Is there anything that needs to be done so I don't run into any trouble if I want to sell it? How will house get transfer to me as the new... Read more »

answered on Jan 8, 2023
You stated that your aunt passed and so now your uncle owns 100% of the house, but that may not necessarily be true. It depends on how they held title. If they held title as joint tenants with right of survivorship that is true, but your uncle should record an affidavit of death with a death... Read more »
My father in law passed away 2 years ago. The executor of his estate never filed the will into probate. The only assets left by him were a car and house. Car was repossessed and the house sold in foreclosure auction and there are excess funds. Is there any reason at this point to bother with... Read more »

answered on Jan 3, 2023
The main purpose of probate is to transfer assets that are still in the name of a deceased person. If there are no such assets, not much purpose would be served by opening a probate.
His daughter has already taking things from his house and said because they didn't talk for 5 years or more she said she is taking all his things to sell or bring to Florida. This includes his motorcycle he was leaving for his grandson. How do I stop this from happening

answered on Jan 3, 2023
That is a real bummer, but when someone dies without a will, then state law determines who inherits. If your friend died unmarried but with one or more living children, typically the children inherit. Even though the daughter might not be strictly following the proper legal process, chances are... Read more »
This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?

answered on Jan 1, 2023
It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... Read more »
She has taken all family pictures, mowers, dads truck . What is law now that I’m executor to retrieve photos so I can give to other sisters and the items taken day after my mom passed?

answered on Dec 30, 2022
As the court-appointed executor, you have right to demand and receive all items stolen from the estate. You might need to hire an attorney to help you with this if the thief does not voluntarily return them.
Home insurance check made to my late father. He passed while in process of claim. I already paid deposit for fix of home and waiting for this check. Went and had small affidavits filled out but bank is indicating it’s insurance problem and when sent to insurance they say check is issued it’s... Read more »

answered on Dec 28, 2022
If you have presented a proper small estate affidavit to the insurance company and you have returned the check to them with the small estate affidavit, the insurance company is obligated to replace the check with a new one made payable to the person who is entitled to the funds according to the... Read more »
My cousin on my fathers side of the family passed away with no spouse, or children. His parents and grandparents are also deceased. There are no brothers, sisters, nieces, or nephews to this person. According to his family tree he had 1 aunt and 3 uncles on his fathers side with only one surviving.... Read more »

answered on Dec 28, 2022
There is not enough information in your recitation of facts to answer your question.
Sold, then he dies, is the remaining money to be divided as monies or given to the person the property was intended for

answered on Dec 22, 2022
Your question cannot be answered without reviewing the trust instrument. A well written trust instrument covers this possibility.
My father passed away 12yrs ago, my grandmother passed away 5 yrs ago my father would of inherited her property, I just found out my aunt did a trust transfer deed on property in her name only. Do I have any rights to inherit the property? no will as far as I know of .

answered on Dec 18, 2022
It is impossible to answer your question without reviewing a chain of title and also the trust instrument. After reviewing those items additional documentation may be needed, such as death certificates. Look for a probate and trust administration attorney in your area and schedule a consultation.... Read more »

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.
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