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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 
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
The power of attorney built a home on the principals property the principals had no conflict with his children and planned for his daughter to spend the week for his birthday the power of attorney has blocked all communication from the principals other children against his wishes and told them to... View More
answered on Oct 3, 2024
Depends on the specific power of attorney. I would consult with the attorney that drafted it.
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answered on Aug 22, 2024
If no trustee then no trust was created. Are there assets titled in the trust's name? If so you need an attorney to go after those assets and have them declared owned by Mother's Heirs and Next of Kin.
My mom own half of the house too. Everything was taken and nothing to her side of the family.
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answered on Aug 1, 2024
What you state as fact may not be the case. If the accounts were joint, the monies are his. If the house was tenants by the entirety, then the survivor owns it. You might hire a TN attorney to look into it if you really think the stepfather stole properties.
theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More
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answered on Aug 2, 2024
You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.
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answered on Jul 26, 2024
Apparently you have not interest in the property except possession. The owner can sue you for possession.
I am her spouse and also stated as her Executor in this document.
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answered on Jul 22, 2024
If it meets TN execution requirements, and it is a complete Will, then yes. But you need to see if Probate is needed first. If Court rejects it, then be prepared to post a Bond as the Administrator.
My mom died last year and my dad passed the other day I have always lived with them but I live in the garage. Well dad passed with no will and before I got home from his service all dad's kinfolk had done got his safe emptied his bank account, even boarded up the place so I couldn't get... View More
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answered on Jul 18, 2024
You may be the sole heir and next of kin of Father. If so, you own all that property. But getting back property now is often impossible. Who is the home deeded to? You may be the owner and need an Affidavit of heirship. Hire an attorney to see who the heirs are. Probate may not be a... View More
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