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quit claim it back to him? Would this avoid capital gain at sale? he has lived there for 30 years and out for 3 months
answered on Jan 25, 2020
You can. As long as it was his primary residence for 2 of the last 5 years the first $250k of gain will be excluded.
You still have a gift to you then a gift back, then a sale with a lump sum of cash. So your going to need to look at gift tax returns, likely no tax owed, and potential... View More 
The will states if my mother passed things go on to be split between my sister and I does this make my sister executrix or would that be us
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answered on Jan 15, 2020
The sister is not the executrix here. If there is an actual Probate, then the substitute executrix takes charge, or the Court will appoint someone. If no Probate, then that Will has no effect. Your problem is that your
sister is now in control of both Parents' property due to... View More
answered on Jan 9, 2020
There is a "small estate" procedure which you may qualify for- depending on the amount of money in the Bank account. No personal property? No vehicle?
There is also a statute which allows banks to release up to $15,000 after 30 days of the date of death to the next of kin. You... View More
They have been dead for 8 years and he is trying to keep me from my part of it but I believe he has given my sister her part
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answered on Jan 2, 2020
If you were a death beneficiary for the life insurance policy, trying calling the life insurance company to inquire about your share. Normally, the life insurance company will issue one check to each named beneficiary, not one check to just one of them. But if by chance they wrote a check to all... View More
My aunt was in a nursing home for the past 2 years. Last March (7 months ago), she had her house put in my mothers name (her sister). My aunt passed away a couple of weeks ago. From what I understand since the house was given to my mother it will not be included in probate. But is it possible for... View More
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answered on Dec 26, 2019
It may be possible that TennCare takes it. Your Aunt should have hired a competent attorney. But do not Probate anything, hire a competent attorney to conduct a title search, and your Mother needs to conduct herself as the owner.
did then that siblings portion would go "back into the pot" so to speak and be shared equally between the surviving siblings upon my great-aunt's death. If one of those siblings has died, but did not die BEFORE my great-aunt, would that sibling's portion then go to their child after their death?
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answered on Dec 19, 2019
In Tennessee a devisee must survive the testator by at least 120 hours in order to inherit, unless there is a longer survivorship requirement stated in the will. If there is no survivorship period stated in your great aunt's will, and if the sibling survived your great aunt by at least 120... View More
answered on Dec 4, 2019
Most likely - yes, and perhaps more importantly, it's unclear whether you can sell the property without her signature/consent.This is hard to answer without actually seeing the document that created the life estate. I do not think simply "moving out" of the premises is enough to... View More
For over 25 years.... My grandma use to be on the deed to the house is she still? And is it still her house?
answered on Dec 2, 2019
You'll have to look at the deed to determine who owns the house. If they are divorced and she's not a title holder than the house would pass to the next eligible heir by statute. Consult a local attorney to determine what options, if any, you may have.
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answered on Oct 31, 2019
No, assuming your brother predeceased your parents. The laws of intestate succession in Tennessee only take into account blood relatives.
If your brother survived your parents but died before their estate was fully administered, then there is a chance his wife would inherit his share.
I had life estate along with wife on property in divorce the judge ignored the life estate on me
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answered on Oct 28, 2019
What is your question? It appears that you lost the Divorce, and your only alternative is to file a timely Appeal. There was nothing wrong with the Deed as you describe it. And I would presume the Daughter has the Remainder still subject to the Wife's Life Estate.
No debt, only personal items. My husband has a bill of sale for a vehicle he bought from his best friend. His friend is elderly and has since passed away before he was able to locate and sign the title. My husband took possession of the vehicle after his friend's passing as he had paid the... View More
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answered on Oct 25, 2019
No probate possible with no assets. Let daughter try to file suit or probate it, where you would make a claim against the Estate. Title may be difficult, but a lost title application may suffice. You are far too worried about this.
Funds for a year why is that, is anything that can be done so i dont have too wait for a year i paid all creditors also if funds in bank for a year who control interest on funds
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answered on Oct 24, 2019
Those are questions for the escrow agent with whom you are dealing. Usually the way to convince an escrow agent to release funds against which a claim might be made later is to provide a bond, but that will cost you some money.
My great uncle has unfortunately passed away recently. He has a living will that's kept in a lockbox under a bed. (At the nursing home he and his wife lived in.) His wife will not turn over the will to anyone. All that manners to us is his last wishes are carried out. His estate in total could... View More
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answered on Oct 8, 2019
I recommend filing for Probate Administration in whatever County most of his assets are in, such as possibly Fentress County. You or another relative can request being the Administrator, who will probably have to post a Bond. If the Wife has an actual Will then she can then file it for Probate.... View More
it is a simple will leaving everything to my 2 daughters to split as they want. Just a house, car and personal belongings. Retirements funds in Vanguard are covered under beneficiaries at their firm. No debt or husband or other children.
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answered on Oct 4, 2019
Estate plans should be reviewed every few years anyway. You should invest in a consultation with an estate planning attorney. There is more to a complete estate plan than just a simple will. A proper estate plan handles more issues than just distribution of the estate at death. You should also... View More
The next week I went to probate court and obtained a copy of my mother’s will. I also learned that the probate case pertaining to my own mothers will was still active meaning never closed. My mother’s spouse who received her estate remarried a year and a half after my mother passed. So this new... View More
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answered on Oct 4, 2019
There is too much missing information in your recitation of the facts to provide an answer in this forum. You should schedule a consultation with a local probate attorney to help you. Rarely is probate a do-it-yourself project.
my father passed away and my mother is going to a nursing home by her poa, the family i dont know unfortunatley , and their wills read identica that me being only child assumes everything after they have living rights. my fathers will isnt filed at the courhouse for me to be bonded bc her poa... View More
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answered on Sep 24, 2019
A power of attorney expires upon death of the principal, so the agent under your dad's POA has no authority unless she is also xecutor of his will, in which case she is duty bound to file it with the court and follow its provisions.
As for your mom, it sounds like she no longer has... View More
myfather passed away 2 weeks ago, my mothers niece i met maybe 5 times my life assumed poa as witnessed by my son by scare tactics and coaching my mother in a vulnerable state, and recently expressed this to many to verify, and its been signed off and other favors by her cousin on who is a... View More
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answered on Sep 24, 2019
If you believe your mother is being physically or emotionally abused or being taken advantage of financially, contact your local Adult Protective Services office.
Can you clarify if i'm wrong?
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answered on Sep 20, 2019
That is correct. The witnesses, if you go that route, cannot be related to the principal by blood, marriage, or adoption and must not be entitled to any portion of the estate of the principal upon the death of the principal, i.e. not an heir or beneficiary.
My sister’s boyfriend committed suicide and named her as the executor of his very specific will. She has completed more than half of the administration aspects of the Will after receiving the Letters Testamentary by the court. The Will was prepared by an attorney per TN statue. The Will... View More
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answered on Sep 13, 2019
No, the Executor can continue performing her duties as a Fiduciary. But if a Will Contest is successful, the Executor will have to account for all property and cash. She needs to be careful, but if it is not time critical, she might wait to see if a Contest is actually filed. She has a duty to... View More
My husband is "too busy right now" to draw up a will. We moved to Tennessee from Florida in Sept 2018 and bought a house with a mortgage. He has two daughters with families in Colorado. I am their step-mother. If he dies, does his personal property automatically go to me, his wife, by Tennessee law?
answered on Sep 11, 2019
A surviving spouse is entitled to certain household goods and the family automobile if the deceased spouses dies without a will. Review Tennessee Code Section 30-2-101. The surviving spouse has other entitlements ( a homestead allowance and a "years support, etc ) but all of these are NOT... View More
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