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the lien was from over a decade ago and I don't even remember what it was for. I am primary beneficary on her life insurance policies. should I do something in advance
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answered on Jan 26, 2021
After you deposit the insurance proceeds in your bank account, your creditors can get to it. Your mother could have prevented that by naming a trust as the beneficiary of her life insurance policy instead of you individually, but now that she has passed it is too late to fix that.
If you... View More 
My brother fells he owns the house, but there are 3 other siblings involved and no Will. 2 out of the 4 siblings want to sell and obtain their share.
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answered on Jan 21, 2021
Hire a competent attorney to determine heirship, then record an Affidavit of such. Then file suit for a Sale for Partition in Chancery,
Father passed and aunt forced me to sign papers by calling me every night till I signed them. It was for property
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answered on Jan 19, 2021
A distribution from an irrevocable trust can be disclaimed, yes. It is always preferable to seek legal counsel before you sign anything of legal significance.
Dad is 88. We have lived together now for 14 years
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answered on Jan 5, 2021
Unless you have a power of attorney from you dad, you do not have the legal authority to transfer his home to yourself. Even if you do have a POA, it would need to be closely scrutinized to determine whether you have that kind of authority. Finally, there are pros and cons to making such a... View More
Longer Valid after death. There is roughly 100k in a bank account with no POD or anyone else on the account. The only other thing he owned was a paid for vehicle worth about 5k. And only has approximately $1,000 in debts. How do we go about removing the money to split between the two of us?
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answered on Dec 27, 2020
That amount of money will require a full probate before the bank will release the funds. You would be best served by hiring a probate attorney in your area to assist you with this. You are correct that the POA is no longer valid after death.
he died at age 24. i raised him. had legal custody.. ofc he had no will. he has money from shares in stock coming. his mom refuses to deal with it. can i be the executor? if not how long before it would go to unclaimed property? its been a year since his death..
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answered on Dec 22, 2020
If his mother does not step up to probate his estate then you can certainly step up and file a petition and suggest yourself as the administrator. There is a good chance that you would be appointed. The court would prefer to appoint someone who is familiar with the estate and is willing to serve.
She also has an IRA for $20,000 approximately and $20,000 in the bank. Do we have to probate? McMinnville, Tennessee. There is a Will and two other parties in agreement.
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answered on Dec 22, 2020
If those are the ONLY assets of your mother’s estate, then you can probably get them transferred to the beneficiaries according to her will without going through a full probate. You should hire a probate attorney to assist you.
My partner of 20 years died suddenly. We never married but planned to next Spring. All of our assets are jointly owned with rights of survivorship except the house (approx value $170,000) which is in his name. House it fully paid for, no mortgage. He does have a will naming me as both executor... View More
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answered on Dec 16, 2020
You probably do not need a full probate, but the answer does depend on exactly how the will is worded. Most likely you can use a simplified court-administered process use the get the will recorded to evidence your ownership. A probate attorney in your area can help you with this.
My aunt took my mothers personal belongings and said she would distribute them half and half to me and my brother that was years ago she will not answer my calls. I would just like some of my childhood pictures in my mother’s belongings to remember her by. But my aunt refuses to give anything to... View More
answered on Dec 1, 2020
You should consult with an attorney to determine your options. You may need to open an estate to probate assets or file a civil warrant for possession. But only after a proper consultation could an attorney give you counsel on what you can do.
For eldest have that position. There's no will but my 2 siblings wanted to sell the house. It sold, at auction a week ago in Tennessee. How long till I receive my third of the amount sold for? My brother said 30 said iut less from sale date is closing in the sell but that he's not sure... View More
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answered on Nov 27, 2020
Rarely does real property go through an Estate except to pay bills or a specific bequest in a will. Apparently you three agreed to sell the property. But since you filed Probate, there may be claims against the Estate. Check the File at Probate Court for Claims. If the Estate is solvent, you... View More
In the will it says that my boyfriend and his sister are supposed to receive money from the sell of the grandmothers house. His aunt sold the house and is keeping the money for herself is there anything they can do?
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answered on Nov 27, 2020
Is the Will Probated? If not, then the aunt may be the sole heir and entitled to sell, etc. If Probated, then check the Probate File out at Court. Hire a competent attorney to move for disbursement of Estate Assets, and/or Removal of the Fiduciary for cause with an Accounting.
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answered on Nov 24, 2020
Generally the trustee has great discretion as to whether trust distributions are made or not. Read the Trust itself and the relevant Tennessee Statute. If you feel you are being wronged, hire an attorney to sue the Trustee for breach of fiduciary duty as the beneficiary.
My dad had a stroke 4 years ago and had lived in a nursing home until the the day he died. We recently received an estate recovery letter from Tenncare. Since my mother is the spouse, she can live in the house without fearing collection from Tenncare. However, if she wants to sell the house, will... View More
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answered on Nov 16, 2020
Absolutely.... There is probably a TennCare Lien filed at the Register of Deeds. The State will get paid before anyone else. The Mother may be able to Homestead part of it, but it is doubtful. Before she thinks about selling, hire a competent attorney to conduct a title search, and look at... View More
answered on Nov 6, 2020
I would speak with the attorney for the executor and let him know that you need to pay rent. In Tennessee real estate is not necessarily under the control of the executor. It depends on whether the real estate was made subject to the executor's administration of the estate. If it was not, then... View More
My mom has a DPOA with an Article of nomination of guardian and conservator. Her attorney-in-fact is trying to inform me that since her DPOA is filed nothing legal can be done without their consent. Under this DPOA, does the principal have the right to make any changes to any of her legal documents.
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answered on Nov 3, 2020
The Principal can revoke the outstanding Durable POA at anytime. She does not need anyone's permission. It sounds like your Mother needs a competent attorney immediately. I advise monitoring any transactions being made for the attorney in fact's benefit.
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answered on Oct 26, 2020
What is your question? Keep in mind that if the Will is not Probated, it has no effect, and you Father dies Intestate.
I am the eldest and my father did own his house flat out. He did not have a lot of money, the house is not worth a lot and he had some debt.
how do I file to become the executor and get the deed transferred over so I can sell it and split it between my siblings?
answered on Oct 20, 2020
You would be wise to consult a local attorney to review the facts, debts, and assets. Regarding the real property, one option is to file an affidavit of heirship into the property record to show ownership. If he has other assets/debts, you may still want to open a small estate and obtain letters... View More
My Mother passed, no will. Her estate went to her husband. He has passed, also no will. The estate went to his daughter, who just recently passed...to my knowledge, no will. The property owned by my Mother and her husband is still listed as the owners. Is it possible for me to file something... View More
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answered on Oct 18, 2020
You should have received a share of your mother's estate. It is difficult to explain further how to do this because it is unclear how your mother's estate "went" to her husband. Was there a probate? I suspect there was not because you would have received a share in that case.... View More
There was a will by the mother. What can they do to find out. This is a large estate that includes a business they all work for.
answered on Oct 15, 2020
If there was no will - then any children she may have would inherit a child's portion of her estate. If she had an attorney you can check with the attorney to see if there was a will. Someone should probate the estate - for now without a will - The estate and perhaps the heirs will need a lawyer.
OH title office is saying everything has to go through TN. Im the executor to the estate and per a family agreement I get them. What do i do?
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answered on Oct 6, 2020
If you are an Executor then someone has Probated your Father's Will. If no Probate, then the Will has no effect and you are not an Executor. Also where are the lands located? TN or Ohio? It sounds like you have went to a title company who wants a perfect TN Probate for your Father.... View More
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