Get free answers to your Estate Planning legal questions from lawyers in your area.
This man has had his daughter banned from receiving any information about his health almost every time he has been admitted to the hospital and has told multiple friends and family members he doesn't want her involved. Somehow she figured out the password to come see him and has taken over as... View More 
answered on Jan 5, 2018
Without a power of attorney for health care, the daughter is the next of kin. Legally she gets to make the call.
The executor has already sold everything my father owned and has taken over his accounts. My daters estate was in excess of 4 million dollars as the will was not submitted to probate. My father just passed away on August 22, 2017. Is there anything I can do about the way his executor handled my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2018
There is no executor without a probated will. If you know what the will says, it might help. But the sole called executor might have been on his signature card, deeds, stock certificates, etc. You need to hire a competent attorney to investigate several different things. If the so called... View More
I have 5 kids to take care and she agree to sign a pre-nuptial agreement rescinding her interest to my assets. My question is we are in early 60's and as long as I live I want to have the control of the assets. My question is, when the time comes she (she's older than me) need to go to... View More
Elderly parent lived in nursing home, on social security and medicaid, passed away. She had no will and divorced. Trying to settle her estate and get mail forwarded to us. So settling estate is left to us, since my husband's brother had pretty much disowned mom and had nothing to do with her... View More
answered on Jan 2, 2018
Generally, the deceased person's estate is governed by the law of the State where they resided at the time of death, so in this case, it sounds like you need a Missouri lawyer.
My father killed himself in 2016. And I don't know the truth and I want to know if my stepmom or her family had anything to do with it. Also my great grandmother left savings bonds for me. And my stepmom will not give me anything of his or come up with my saving bonds. Also I'm not sure... View More
answered on Dec 29, 2017
You should consult a probate attorney. If your father left a will, you would have been entitled to notice of probate. If he didn't leave a will, you are entitled to a portion of his estate.
answered on Dec 18, 2017
You can try, but I suspect the Police will advise you to retain an attorney. Failure to exercise the duties of the executor can be the basis for having the executor removed/replaced. consult an experienced probate lawyer soon, this is not something you can do yourself.
answered on Dec 21, 2017
It depends on what the power of attorney was for. If it was meant to convey authority of both people, then one person can revoke the power for the attorney to act on their behalf without the other revoking.
My mother passed on November 7th. My dad passed on November 30th. Their bank account was accessed by a family member who fraudentely obtained POA for my father without my consent or knowledge. The account has a negative balance. I would like to have the family member prosecuted for withdrawing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2017
It is doubtful that law enforcement will prosecute the theft.
The Next-Of-Kin can file a lawsuit against the Attorney-In-Fact who took the money for his/her own benefit. It is for Breach of Fiduciary Duty and any monies/property that he transferred to himself is presumed to be fraudulent... View More
answered on Dec 7, 2017
Yes- if I understand your question correctly. The statute which defines "marital property" and "separate property"
provides that property acquired by inheritance is separate property, and separate property is NOT subject to division ( splitting up) in a divorce case. In... View More
My husband passed away with a will that left everything to me. His sons (one in AZ one in TN) said they cant believe they didn't get anything and consulted with an attorney. I'm thinking I may have to consult an attorney also. There is no estate. According to the will I own everything... View More
answered on Nov 16, 2017
If you have not submitted the will for probate, you should do so immediately.
In my opinion, any child, whether they are in the will or not, is entitled to see their parent's will. Its just the right thing to do. Wouldn't you want to see your mothers or fathers will? If there is... View More
My father died without a will. My brother in law is the executor. Probate is almost over. He and my sister want me and my other sister to sign over title to my father’s house to them. My sister and I want it divided fairly or they buy us out. Do I need my own attorney if there is a fight?
answered on Nov 15, 2017
Short answer YES
Longer answer even if there isn't a 'fight' it makes sense to have your own attorney review things.
Don't be penny wise and pound foolish about this. Getting advice from a local professional is always a good idea!
--This answer is... View More
I’m the beneficiary of his life insurance & oldest of 2. We agree on everything. I have the latest deed, the death cert
He has a double mortgage on a 20 year old double wide located on 2 achers in Cunningham, TN
Very little property 2 older (90’s model) car & truck... View More
answered on Nov 15, 2017
The administrators fee and the attorneys fees of the administrator are priority expenses of the estate ( I think the funeral expense comes first). However, in most local jurisdictions, these fees are subject to court approval or are set by local court rules. In other words, the fees do indeed come... View More
My niece is on drugs and about to lose the house.Id love to try to buy it for remaining balance.Would i be considered a heir of his?
answered on Nov 10, 2017
More information is needed to give a complete answer, but generally, if there is no will, the children and surviving spouse ( if any) of the deceased would inherit from the deceased. You are certainly "kin" - but not directly in line to inherit. If you are interested in buying the... View More
My husband (the grantor) created a trust and named himself the trustee. He named me the sole beneficiary as well as the successor trustee. The problem is the Schedule A/Assignment of Property does not actually mention what property. Is it assumed that all assets will go to me his current spouse of... View More
answered on Nov 10, 2017
A contest is certainly possible since there are NO assumptions. Based on what you have said, I suspect a contest is indeed likely. This is unfortunately a common problem with some " do-it -yourself" trust/estate planning documents: the documents get signed, but the transfers to be made to... View More
I live in Tn and she was born here in Tennessee and is an official resident of Tennessee. He has not contacted me since june and has contacted other people instead of me. I also have proof of him smoking weed and throwing a gang sign.
answered on Oct 30, 2017
You should file court papers to require him to pay you child support. However, be prepared to allow him time to visit and get to know the child. It may seem like he doesn't care about the child now, but the law says the best thing for the CHILD is for he/she to know and have a relationship... View More
I am involved in a difficult situation with my grandmothers will. She died almost 4 years ago and the will has not been done. Her house is still full of possessions and there’s no end in sight of cleaning it out. I am written in for 5% of her belongings. My aunt has spent all of the remaining... View More
answered on Oct 26, 2017
You need to discuss this with a lawyer. Your question suggests either the will has not been filed with the Court and an estate opened or the estate has been opened but not properly and timely administered. Who was appointed as the Executor of the will/estate? Does the will waive an inventory and... View More
Property was willed to a son and daughter. 50/50 with both receiving lifetime rights to the dwellings on property. After death of mother son added his wife to deed giving her 1/4.
answered on Oct 20, 2017
Sorry, but your haven't provided enough information to answer this accurately. A lawyer would need to see the actual will and deed to look the precise wording. When you say it was left "50/50" with "lifetime rights" - that is not the normal wording a lawyer would use and... View More
My parents divorced 15+ years ago and my mom passed away a few years later. During the division of her estate my 40 year old brother stole from the estate that clearly stated 50/50 and left me with nothing. My dad is now at the end of his life and has already made indirect comments to me that my... View More
answered on Oct 18, 2017
While your father is still alive, I suggest taking him to a doctor and have him evaluated for mental competency. If he is competent, then perhaps you should make him an appointment with an attorney ( you can make the appointment but you should not attend, the meeting with the lawyer should be... View More
My stepfather passed away in December and I have been living at the residence ever since. He left his estate to me and my other two siblings equally. I was just served with a detainer warrant from my sister.
answered on Oct 9, 2017
You are now "co-owners" of the property. Each of you has the same equal rights to the property. Each should pay an equal amount of the taxes and insurance and any upkeep expenses, and each of you has the same right to any income coming from the property or to live there like you. It... View More
answered on Oct 3, 2017
Tennessee law requires that you have to be at least age 18 in order to make a valid will.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
