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My child is his only beneficiary. He had no spouse. I am executor of estate (-for my minor child).
Can I file back child support against his Social Security? (Child will only qualify to receive SS death benefit for 2 months till 18th birthday. ?Then all his social security is kept for the... View More 
answered on Mar 14, 2018
I am no expert in probate law but suggest you contact someone who is. I would not be surprised to learn that the child support arrears trump other obligations. Be worth asking by simply filing a claim against the estate in probate court bringing the child support debt to the court's... View More
It has been about 8 months and we’ve been stuck on our property unless we walk .75 miles to the black top and get a ride. They made it where not even an ambulance or police could get back here if we needed help. My husband is disabled what can we do legally?
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answered on Mar 12, 2018
You should first conduct extensive title searches of both yours and the neighbors' properties. Hopefully there may be at least a mention of a Right of Way or Easement. There may be something that you can do to the neighbors within your rights. But without an Easement, express or... View More
What is the point of having a will to begin with? I'm confused.
answered on Mar 7, 2018
"Probate" is the process of having a will legally recognized as the last wishes of the deceased. If there is a dispute about which will is the "right" one, or a dispute about the validity of the will, that's what Judges do- the Judge ( or Jury, in some cases) decide the... View More
I am the only living person listed in her will. It says if her sister's pass before her then I am to receive all she owns and she also appointed me as the executor of her will. Will I have to probate this? Or will I have to jump through hoops? Or do I just show the will and have a title... View More
answered on Mar 7, 2018
Sorry, but you will need to probate the will. Otherwise , its assumed she died without a will and other heirs or kin might also inherit. That's part of the process of providing "clear title" - documents which have been filed in court in the probate case.
Consult an... View More
1 brother is executor and this has gone thru probate already
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answered on Mar 5, 2018
It would be best for the Family to hire a Surveyor to cut up the property into four fairly equal tracts, then the Brothers quit-claim deed their interests to each other so that there are four individual owners. You would need a competent attorney to perform a title search, then draft four legal... View More
answered on Feb 24, 2018
You don't. The person in the coma would have to be awake and alert and sign the POA. You will need to seek conservatorship of the person in a coma in order to make medical and other decisions for that person. I would consult an attorney to help you.
He was diagnosed 30 years ago with Bipolar Disorder and has been off his medication for the past 6-7 years. He has been homeless and last year we were able to get him a house. He was living well on his own until about 2 weeks ago. He has taken a sudden turn for the worse. He refuses to go to... View More
answered on Feb 24, 2018
You can ask the court to appoint you as his conservator. There are mental health services including mental health case managers to help, but unless you are his conservator, he can refuse those services.
My dad passed away and named his current wife as executor in the will. The will states she doesn't have to do an inventory. I am an heir listed in the will. She has given most of the estate to her family members who are not listed as beneficiaries in the will. The will is still in probate.... View More
answered on Feb 21, 2018
You need to speak with an attorney as soon as possible. Based on your statements, your step mother is violating her fiduciary duties as the executor by distributing the estate property not in accordance with the will. You need to consider asking the court to remove and replace her with a new... View More
His live in girlfriend gave me a copy of a will that states for the oil well proceeds/revenues to be left to myself and my sister after his death and his girlfriends death. I don't know how his girlfriends death would be a factor since she shares no ownership of the mineral rights.... View More
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answered on Feb 19, 2018
The remainder after two other persons' lives could be very valid. However the document probably will not qualify as will in Tennessee, and you and your Sister may be better off with your Father dying Intestate. You all need to hire a competent attorney to examine whether Probate is... View More
She made up her will in 1975 and it leaves any and all income to my sister and myself, but it doesn't mention us by name and it was never signed, which may be how the law office did it at that time. I need your help so I can get her affairs in order. The copy of her will is I a safe in... View More
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answered on Feb 16, 2018
It does not sound like an actual Will by any State's standards. It may be best or even the only option for your Mother to die intestate. You may wish to do a title search in any County where she might have owned land.
You also might contact the owner the Safe and request him... View More
My husband and I were married for 15 years, we separated and divorced but got back together divorce Became final 11/27/17 we remarried 12/23/17, just before remarrying we both did new Wills, living Wills, power attorney ect. He passed in his sleep on January 30, 2018. His sister and one of our... View More
answered on Feb 8, 2018
That will be for the court to decide. You need an attorney who is experienced in contested probate matters to help you.
my mother died exactly one year ago; she and her boyfriend owned a house together and are both on the deed, and beyond that, lived well below the poverty line. i have spent the last year trying to figure out who the house belongs to (i.e. do i inherit her "half" of the house or does the... View More
answered on Feb 6, 2018
Without seeing the deed it is not possible to know what the status is or how you should proceed. You may own 1/2 the property, after your mom's estate is probated, or you may not! You should consult with a local TN real estate / probate lawyer to review the deed, and provide you some real... View More
answered on Feb 5, 2018
Sorry, but your question is unclear. If you believe the trustee is acting inappropriately, review the trust agreement carefully to determine if the trustee is given authority to act in the manner you have described. If not, I would notify the trustee in writing of your concerns and ask for a... View More
Legally blind saying she has the first stages of dementia so she has to depend on him I have not seen any medical papers confirming this now he got his & girlfriend name on deed my mother has will starring that the home is to be spilt with me /sister &him afraid he trying to stab me in my... View More
answered on Feb 4, 2018
You can file for conservatorship of your mother and revoke the POA and ask the court to nullify the property transfer. You should consult an elder law attorney to help you.
answered on Feb 5, 2018
Its unclear from your question exactly what you are asking- but if I understand you, the answer is yes- an heir ( someone who might have otherwise inherited property, can challenge a deed executed by a deceased person. The mostly likely claim will be that the decease was coerced or pressured into... View More
Was not notified when probate finished. Executor holds the cards. My inheritance of a home that I DO NOT Want. Dad passed June 29 2017..Received papers today that deed was recorded at court.. Please help..Desperate Tennessee Daughter....Too late to disclaim?
answered on Jan 17, 2018
If you inherited land and don't want it, just sell the land. Perhaps the executor or some other family member would like to have it? Make them an offer. If you were just now notified of the probate proceedings, you probably still have time to disclaim, but unless the property is in terrible... View More
My mother has recently passed away and I just read how the law offices of Haskins, Robottom and Hack have been brought to court about taxes and all. I can't find them online so if they are no longer in business, how do I proceed from here?
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answered on Jan 14, 2018
Initially you need to decide if Probate of her Estate is necessary. You must examine assets for ownership and potential creditors. Hire a competent attorney and determine if there are other heirs and kin. You should be able to look for a possible Will document, but you should first decide if... View More
The house is the only thing that he had left to be split. He had no other property or anything to be taken care of.
answered on Jan 10, 2018
Most likely, yes, the will must be probated anytime the deceased owned real estate. this is absolutley true if you have other siblings ( other than just you and your sister). In order to insure in the future that you have good "title" ( ownership) to the land/house, you should go through... View More
taken your step mother to the bank and has had the facility that your father is at bring him there too. They have completely removed all money from accounts and redirected their direct deposit to a destination unknown by you. All of this done without your knowledge or consent. Is this legal?
answered on Jan 9, 2018
Possibly yes, if you father and step mother agreed to the transactions, then the Ban personnel are simply following instructions. If your father and step mother are not able to make good decisions ( or have been pressured into decisions that are not in their best interests) then you should... View More
grandma has a will
grandpa had 6 kids 4 alive at death and the other 2 has passed on
the real estate is paid for
answered on Jan 9, 2018
Sorry, but you haven't provided enough information to give any kind of answer. Is there a will for either grandparent? How many and who are the heirs/nest of kin? What real estate did they own- is it paid for? insured? occupied by family/tenants? This is probably more than can be answered in... View More
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