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WHO INHERITS HIS PART IF THERE ARE NO CHILDREN AND HIS WIDOW (THE PREDECEASED) REMARRIED AFTER THE DEATH OF THE TESTATOR?
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answered on May 20, 2019
If the Widow of the adult Child was his surviving spouse, then she will take later on as she is that Child's sole Heir and KIn. But she will have to pursue her rights, and after 7 years, it is a remote possibility the others might claim sole ownership. If there is a Probated Will... View More 
How would I get the deed into my name, as my father's heir? His estate is currently in probate, but he property in question is not part of his estate, as it is not in his name. Would I file a muniment if title for my grandparents’ property? And is a muniment a separate thing from his probate?
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answered on May 15, 2019
The deceased Father's interest in the real property could still be brought back into the Probate Estate if it is insolvent. More importantly you need to do a Title Search, determine who the Heirs of the Grandparents were,
who the Heirs of your Father were, then someone with this... View More
Can you please advice me on how to handle my deceased (no will left)mothers estate thats supposed to be 1/3 mine and her 7 month of marriage spouse won't acknowledge that and has given and sold most of her items(diamond rings, tanning bed, etc)within 1st week of death while driving her 4... View More
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answered on May 10, 2019
You can file your Mother's Estate for Probate as an Intestate Estate. You would probably request to be the Administratrix if you had a good lawyer and wanted to actually go through the Probate process. If your Mother owned the house as a Spouse, then you are not an Heir as the Survivor... View More
House was in both their names. His kids have moved in the house. My sister and I got nothing.
answered on Apr 24, 2019
Unable to answer without a review of the deed: when you say in was in "both names," Tennessee law assumes if they were married that "survivorship" rights exist and thus when your mom died, the step father became the sole owner by virtue of the survivorship rights ( the legal... View More
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answered on Apr 18, 2019
Not sure of your question. But if there are several acres, then you can easily deed undivided interests as tenants in common to your next of kin, or you may be able to actually divide it up into separate tracts which you deed to individual relatives. The important thing is that property taxes... View More
So let’s say that in 2019 I gift $1,015,000 to my son. This gift is $1,000,000 over the annual gift exclusion. That means I will need to report it to the IRS. However, I won’t immediately have to pay tax on that gift. Instead, the IRS deducts that $1,000,000 from my lifetime gift tax exemption.... View More
answered on Apr 16, 2019
No one on this planet could possibly answer this question. You are seeking a definitive answer to a question about death taxes, which are subject to legislative change day by day--at the whim of those in power in Washington. Why worry about things that may or may not happen between now and the year... View More
We just received a bill from an ambulance service for $598.00 for services in May, 2017. In late 2017 we advised the ambulance company to submit to Medicare and her supplemental insurance. Since the Living Trust was closed out in July, 2018 are we responsible for payment of this bill? She lived... View More
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answered on Apr 5, 2019
The Bill is against the Deceased. It is not your responsibility. If the Creditor wishes to Probate the Estate (for their benefit), then that is their choice. You should not have contacted anyone, because now they may try to hold you liable.
One grandchild named is homeless and can't be found
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answered on Apr 3, 2019
Unless there is some provision in the Probated Will, no. There are several ways to make interim and final distributions to Legatees. Is there a lawyer that filed the Will for Probate? If so he can have the Court order the several ways to hold the funds for the absent Distributee.
My birth father signed rights over to me and I was adopted my my stepfather when I was 7. I received a letter from anattorney handling the estate of my birth fathers mother asking that i provide my birth certificate proving my identity. Can I receive an inheritance from the family of my birth... View More
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answered on Mar 15, 2019
If you are designated as a Legatee or Devisee in anyone's Will that is Probated, then you should receive that Testamentary Gift. However you are potentially a Heir or Kin only from your actual (adopted) Father's Family. So you cannot inherit from your birth father's family.... View More
Years ago I set up a Crummey Trust with a one time gift/donation -- not an insurance trust. There were 10 beneficiaries/powerholders. Now I wish to add about $100,000 more to the trust. I know the trust is irrevocable. The beneficiaries will not change. But since the annual gift tax has... View More
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answered on Mar 8, 2019
You need to hire a competent attorney to examine the Trust in force, and examine what you wish to do in the future. It is impossible to give you advice without examining the Trust Instrument, your Tax returns, the Trust's Tax Returns if any, and what your objectives are in relation to the... View More
Circumstances have changed since the will was originally written (over 30 years ago) including the health of the named executor as well as the wishes of the decedent. He asked me on numerous occasions to see to his final wishes and his beneficiary (the surviving spouse) would like me to step in and... View More
answered on Feb 26, 2019
Yes, the executor named in the will can decline to serve- it is a voluntary position and no one can be compelled to serve. The Tennessee Code rarely provides forms for documents, so the refusal/resignation of the named executor will have to be prepared by someone- it doe snot have to be a lawyer,... View More
There was almost 600 acres there and i owned part in every bit of it. Well I recwntly moved back into town and heard that my mom has sold all of the land and my siblings got the suarw of money that was rightfully theirs, but I was just completely cut out all together. There is probably 600,000... View More
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answered on Feb 15, 2019
You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In... View More
Mortgage company is telling me and estate lawyer they can not discuss loan with either us until they review the administrator of estate legal documents from the courthouse, said they have 30 days to review . House being auctioned. I , administrator wired them $3,000 to hopefully stop the auction... View More
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answered on Feb 7, 2019
Yes. About the only real right you have is to tender payment in full of the Note with all penalties. If the NoteHolder refuses you payment, then file suit in Chancery to have a Waiver Declared such that the Note is satisfied.
No will at time everything was taken but now there is an admin of the estate..estate has no money and just opened probate. $60,000 in Bill's & no way to pay unless personal property is sold.advise ?
answered on Feb 7, 2019
Yes, the judge can order that and more importantly, the administrator of the estate has a DUTY to try and recover the lost assets. Consult an experienced probate/estate lawyer asap for specific advice on your situation, this is not something you can do without a lawyer. The legal fees are a... View More
Can mortgage company refuse to tell you information after they receive Administrator of Estate documents ? This is happening to me now and they are trying to auction my moms house. The estate lawyer called, they refused to talk to him. I called , with the lender having admin of estate papers they... View More
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answered on Feb 7, 2019
The Holder of the Note and Deed of Trust do not have to talk to anyone. nor does the Trustee conducting the Sale. It appears the Note is in default and they are going through with the Foreclosure. The Estate may wish to bid at the Sale or you may believe the Note and other requirements of the... View More
A week after his death my siblings separated all his personal property and even put his vehicles in their name ( he had left titles signed due to major health problems) no Bill's have been paid, nothing. Would a judge make them return what they took including vehicles eventhough it's in... View More
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answered on Jan 26, 2019
Under the laws of Intestate Secession each of you owned one fourth each of his properties at death. It appears that your Father knew what he was doing and did not want Probate. It is up to the Creditors if they want to Probate his Estate, but this is very rare. Even then it would be very... View More
She has 4 adult children from her marriage to my father. Stepfather will not allow us to see the will, and says he gets everything. Is starting to sell her jewelry, worth about 40k, that my father bought her. The estate is worth about 500k. Are her children entitled to anything? He cut off contact... View More
answered on Dec 24, 2018
Under Tennessee law, if a person dies with out a will, their property ( both real and personal) is inheirited by the surviving spouse ( if any ) AND the children of the deceased. Check the your local courthouse ( the county where your mother lived at the time of her death) to see if any formal... View More
The land and home still have both my parents on the title and deed! My mother passed away 5 years ago and dad this past July! He removed her from the cars! The chancery stayed the property isn’t attached to the probate however the title company wants a tenncare release for my mom inorder to buy... View More
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answered on Dec 17, 2018
Why did you file for Probate? I suspect you attracted problems by doing so, and probably had no reason to file. If the Title Company does not wish to handle the transaction, then find another purchaser. You needed a Title Search, Affidavit of Heirship and then a willing purchaser. But that... View More
DPOA my brother has his wife and her family running my dad's estate while he is doing nothing. Don't know how this is possible or legal. Myself and other brothers aren't being informed. Can I request to be notified of activities? What are my rights as Executor of his will?
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answered on Dec 11, 2018
Unless there is a Will filed for Probate, then there is no Will and no Executor. Apparently you have not filed the Will for Probate. There may be an Administration going on. Hire a competent attorney to find out if there is a Probate Action, and decide if you need to Probate the Will or take... View More
My uncle started staying in my dad's rented home whole he was still in the hospital. My dad had his personal belongings, truck and boat. My uncle will not let me have anything and has now moved the truck and boat into hiding. He says the landlord let him sign a new lease agreement before my... View More
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answered on Dec 11, 2018
You probably need a Title Search and file an Affidavit of Heirship/Next of Kin. That will be your source of title, then sue the Uncle in General Sessions for an Action To Recover Personal Property, along with a Detainer Warrant.
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