Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023
In Tennessee, if your mother passed away and your stepdad never updated or prepared a new will, the existing will would generally still be considered valid, as long as it met all the legal requirements for a will at the time it was created. This means that the assets would be distributed according... View More 
My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?
Thank you,
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
Are there any title problems, such as claims against your Deceased Husband? If so, you might not have merchantable title. And many title co. will require an unnecessary Probate which takes more than a year to close. Was earnest money involved? If so, give that back. The buyer suing you for... View More
She has a Will, my stepbrother is the executor. The policy was not mentioned at all in the Will.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2023
If you are the named beneficiary of the AD&D policy, then the proceeds are payable directly to you, bypassing the probate estate. The check should be made payable to you and then you deposit the check into your personal bank account. You make a claim by calling the company and letting them... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023
There is no legal requirement for the settlor of a trust to tell anyone about the trust being created. In fact there are many secret trusts, and oral trusts can sometimes be enforced in TN with clear and convincing evidence. Title searches on properties will often disclose conveyances into a... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2023
Adverse Possession is very real, especially under color of title. Hire an attorney to search both title. The mobile home may have been an out conveyance before you got an estate. Taxes must be checked closely. You did not mention how many acres or County. A Detainer Warrant or an... View More
Owner of properties deceased 10 years no probate. No immediate family. Unmarried partner of 40;years lives and pays taxes on all property and upkeep . Is she entitled to property transfer in her name?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023
She might be, yes, but there are facts missing from your description that could make a difference. Plus, it is not automatic. She would have to go to court to prove her claim. She should schedule a consultation with a real estate litigation attorney.
In the will a sister is willed the contents of our Moms house . 4sibs. 3sibs split the sale of house .
Will still with judge.
Sister who gets contents is time sensitive as to when she can come collect "her inheritance,." She has to go back to work. And she won't be as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023
If the Will is filed for Probate then it is in the Court's file, so check with the Court. If there are sufficient assets involved, you will want to hire an attorney to represent you. Also go to any Court hearings, and ask the Clerk when they are.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
My parent's have a car title with that states my father OR my mother. My father is passed away and divorced from my mother before he passed. My dad also payed off the rest of the loan on the Cadillac car in question after they were divorced and before he passed. Since I, the son, am executor... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2023
As far as the County Clerk is concerned (that is who handles motor vehicle titles in Tennessee), upon learning of your dad's passing, they will consider your mother to be the owner. That is because it sounds like they never updated the title during the divorce like they (probably) should... View More
His family is only giving me 6 days to vacate .....
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2023
The tenants in common will have to file a Detainer Warrant at Sessions Court to remove you. It must be served or posted. You appear in Court, Judgment for Possession issues, and after 10 days if not out, the Sheriff may remove you.
Notary ENUF for a decision to grant the will?. Do you have to have an AFFADIVID attached to will and yo signature, 2witnesses,and notary saying that you are the people signing the will? (Self proved ?) Why?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2023
Will must be witnessed by two disinterested witnesses. The Attestation is just to make it easier to file Probate but not required. If a Will is not filed for Probate, it has no effect regardless of asset value.
Home owner passed in summer of 2022. Orginal mortgage sold loan after notification of death. Executor didn't get appointed until 9 months later. New mortgage company was unknown. No bill sent. Orginal Mortgage company would not divulge loan company. New company sent 7 months of bills at once... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2023
If actual payment in full was tendered to the creditor and refused, then arguably it was waived. And a suit to enjoin the foreclosure should have been filed with a bond being posted. Title has merged now, but it might be the basis of a cheaper, but harder, Chancery suit for wrongful foreclosure... View More
I have continued paying the taxes on this property.i want to sell it
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2023
Hire a MS attorney to search the title, determine heirship, and draft/execute an Affidavit of Heirship to record a s a source of title. This is probably all you can do to make your ownership of record, unless there is a title problem that needs to be cured or litigated.
the items are the Primary disposition of estate and the alternate disposition of estate. My mother in law is the only one listed in the primary disposition of estate. My husband , his stepbrother and sister are listed in the alternate disposition of estate. I guess my guess is can she sell the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023
Is the Will being Probated? If not, it has no effect and StepDad's Heirs and Next Of Kin take (not Husband). From your description, it appears Mother In Law gets all property, as I assume she is alive.
My mother and aunt were in charge of his estate I'm guessing. I have had zero contact since the day I testified. I have always wanted to sue him but was afraid to see him. Now that he is gone, can I sue the estate? Conviction happened in Tennessee. He was a resident and passed in Mississippi.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2023
Looks like he died a MS resident. You might check in County of death as to whether there is a Probate or not. If so, then consult with a MS attorney about possibly filing a claim. But any suit for damages would have to be in TN where attack occurred, and your SOL ran a long time ago.
I am one but they will not turn on service even through I'm on oxygen at night. The excudar is my one sister that is still alive. They want her to sign a document saying whe is the owner and I am a tenant. She refused to sign anything. I am in the process of doing the title transfer but in the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2023
If the will is not probated it has no effect, including sister not being an executor. If no will then you might be an heir, so a recorded Affidavit of Heirship might help (both as a source of title and to get the power in your name). Hire an attorney to determine heirship and draft an... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
