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Who currently owns the assets of my deceased mother's irrevocable trust, which includes a residential property and a rental property, established in Tennessee? The trust names three qualified beneficiaries. One of them acts as the sole trustee and has taken responsibility for maintenance,... View More 
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answered on Mar 20, 2025
It is very possible that the Settlor's death is irrelevant to the Trust, such that the Probate Estate does not include Trust Corpus. The Trust probably continues in existence, since most irrevocable trusts are declared so they continue past the grantor's life.
What is the procedure in Tennessee for dissolving an irrevocable trust that contains only real estate, in order to pay off one beneficiary $100,000 and resolve the $30,000 in debt incurred by the trust? The trust consists of three beneficiaries, one serving as the sole trustee. The two... View More
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answered on Mar 14, 2025
You must hire an attorney with trust experience to read the Trust and Deeds involved. Only then can a proper procedure to execute the Trust be arrived at. There will be tax consequences. Trustee may have to sue the Beneficiaries in Chancery to execute the Trust.
I was married to my husband, Robert Edwin Atchley, for 37 years until he passed away during surgery. Since his passing, I've faced hostility from his family, who have stated I'm no longer recognized as part of the family and have refused to support me financially, despite my ongoing... View More
answered on Mar 13, 2025
In the State of Tennessee, a will must have signatures from 2 witnesses that will attest that the person is of sound mind and body. Some of the better wills have a notary sign off on the person's signature and the two witnesses. An amendment to a will is a codicil. For a codicil to be... View More
My mother, who was a sole business owner, passed away unexpectedly without a will. One of my two siblings is attempting to take control of her business by accessing her bank account and has taken possession of all her belongings, including the only copy of her business license and keys to her... View More
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answered on Feb 23, 2025
The business and its associated property are personal property which goes to the Next of Kin. Hire a lawyer to file an intestate administration probate. You will have to post bond, but as soon as letters of administration are issued to you, you can take charge and marshal up the assets.
I am concerned about the possibility of being deemed mentally incompetent. I am unaware of any recent legal proceedings or evaluations related to mental competency, but I have dealt with healthcare professionals regarding my mental health in the past. There's no known power of attorney or... View More
My father passed away in November 2019, and did not have a will. He was divorced from my mother but had remarried approximately 5 years prior to his death. He had a life insurance policy, and his wife was listed as the beneficiary. I assumed his home would pass to his wife as well, but someone... View More
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answered on Jan 31, 2025
Home is probably owned by the survivor, if not, then probably close to one half is his heirs and the wife has the other half, who also receives an intestate share. Hire a TN attorney to search the title and determine heirship. As a surviving spouse, the wife was entitled to alot of any estate.... View More
There is a house, vehicles and other personal property. My friends sister is steadily removing items from the house and signing titles to the vehicles, cashing CDs and IRAs , etc. without probating the will. What can he do to stop the executor and his wife (the sister) from taking everything from... View More
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answered on Jan 7, 2025
Friend needs an attorney to ask to remove the executor for cause. But someone else will have to serve.
I learned recently from a law firm that my estranged father passed away 4 years ago but his house recently went into foreclosure and has been auctioned off. Now the law firm sent a certified letter requesting documentation to claim a portion of the residual proceeds. They are requesting a copy my... View More
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answered on Dec 30, 2024
Hire an attorney to search the title and determine heirship. Do not sign a deed unless paid.
How can I disperse the funds without probate.
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answered on Dec 14, 2024
If the bank account was in both names, then just present a death certificate and they will take his name off the account and leave your name on. If the bank account was in your husband's name alone and the balance is under $50,000, then you can collect it with a small estate petition. If the... View More
My mother left my father when I was 6 months old due to abuse. He never paid child support. My mother remarried and new father adopted me, changing my last name. She divorced him, and when I was 10 my birth father finally agreed to meet me. He ended up driving me home at 3am and I never saw or... View More
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answered on Dec 7, 2024
Whoever adopted you is your Father who you take as an heir and next of kin at his death. Divorce does not change the adoption.
He got temporarily remarried in late 2012?. Said he wanted me to have one fourth of the sell of his cabin and he was letting my half sisters be over the sell. The girls sold it in 2013 for 168k and they never gave me a penny. He's still alive and recently been put into hospice care in FL.... View More
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answered on Dec 2, 2024
I know of no cause of action that has a long enough statute of limitations for suits against any of them. If you are an heir to any real property then you can sue for partition. Search titles to see if anything still in the family. Sometimes conveyances are made which forgets about some of... View More
The only living heir, my wife, authorized for me to act on her behalf in closing out my late father-in-law's small estate (under $50k). The judge denied me being elected based on simple possession (marijuana) charges that are over 10 years old. This feels punitive in nature, as I have already... View More
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answered on Nov 27, 2024
You are ineligible to serve as a Personal Administrator by Statute. Get Wife to serve as Administratrix by Motion to the Court.
The retirement plan has so many ammendments i can't determine if I can or can not change it I ve tried contacting the administrator with no luck
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answered on Nov 18, 2024
You will need an attorney to read the Plan and any associated Handbooks. Beneficiaries rarely can change any part of a retirement plan once vested.
His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More
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answered on Nov 9, 2024
Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More
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answered on Nov 8, 2024
Assuming there was a typographical error in your recitation of the facts such that “and” was really “an”, that wording means that the grantor is still the owner until she passes.
A portion of property from original property was quite claim deeded to persons that are now dead . How to go about getting that piece of land back
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answered on Oct 25, 2024
There are too many facts missing from your narrative to answer your question in any definitive way. As to each name on the deed an attorney would need to know if the person died testate or intestate, where he or she died, whether the estate was ever probated and where, if the death was recent... View More
I cosigned for a house with my daughter-n-law. They have cut off all communication and making late or no payments at all that is affecting my credit. I hired a lawyer 8 months ago. And he doesn't communicate with me without yelling at me. And I still have no court date set. How long after now... View More
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answered on Oct 23, 2024
The Partition Sale may not work because lack of equity. Your lawyer needs to make an estimate of this. If it is not economically feasible then it will be dismissed. Your lawyer can move the Court for a trial date, and it is usually a simple trial. You are trying to get an order for sale for... View More
cards and doesnt know what account his check is supposed to go in.
what do i need to do ?
answered on Oct 10, 2024
Contact the local Social Security Administration office. Make sure to have the Power of Attorney (or POA) ready to send to them to prove you have the individual's authority to make the inquiry. You should also be able to access all of his bank accounts with the POA.
I'm seeing a lot of social media "gurus" tout this specific language when referring to set up a trust. They say a lawyer cannot set these up and the only way to sue the trust is in the supreme Court.
It's very obvious that this is a scam but without a legal background I... View More
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answered on Sep 29, 2024
The IRS released a memo on August 9, 2023, discussing non-grantor, irrevocable, complex, discretionary, spendthrift trust.
The memo was limited to rebutting the promoters misinterpretation of IRC 643 on the avoidance of income tax. The link to the memo is below.... View More
She is in need of long term facility care.
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answered on Sep 19, 2024
If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More
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