Jacksonville, FL asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee

Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand jury . was taken into custody and lodged in the Claiborne County Jail in TN. charged with Especially Aggravated Kidnapping, Aggravated Assault, Aggravated Robbery, and Carjacking…. I live in Fl. Who would I contact to know if I have any rights to his property or any of his assets? since helll probably remain locked up, until death. since bail was so high, would all his assets be taken and go to his jail fees? Or is there a possibility of any value for myself ,worth me getting involved? Not sure who to contact to even confirm if he still even owns the propery either? Also If he does remains owner of the land while he’s in jail.What actions steps would be taken after his death occurs n jail?

2 Lawyer Answers
Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of the Case with no breaches, he needs to get a release of record. He may also have a real lawyer instead of PD who may have taken a lien also. I am just speculating without looking at the actual Case.

James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:

1. Contact the county assessor's office: You can reach out to the Claiborne County Assessor's office to confirm whether your father still owns the 130 acres and any other properties in that county. They should be able to provide you with this information.

2. Consult with an estate planning attorney: Given the complexity of the situation, it would be wise to consult with an estate planning attorney who is familiar with Tennessee law. They can help you understand your rights as a daughter and potential heir to your father's estate, as well as advise you on the steps you need to take to protect your interests.

3. Determine if your father has a will: If your father has a will, it will dictate how his assets should be distributed upon his death. If he does not have a will, Tennessee's intestate succession laws will determine how his assets are divided among his heirs.

4. Understand the impact of the charges on his assets: The charges against your father and any potential conviction could impact his assets. If he is ordered to pay restitution or fines as part of his sentence, those obligations may need to be satisfied from his assets. However, the specific impact will depend on the nature of the charges, the outcome of the case, and Tennessee law. An attorney can help you better understand these implications.

5. Consider the cost of getting involved: Depending on the value of your father's assets and the complexity of the situation, there may be costs associated with getting involved, such as legal fees. You'll need to weigh the potential benefit of pursuing your rights against these costs.

If your father passes away while in jail, the process for distributing his assets will depend on whether he has a will and the specific laws of Tennessee. An estate planning attorney can guide you through the process and help you understand your rights and obligations as an heir.

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