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For a will dispute to discredit a beneficiary.
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answered on May 2, 2024
Sometimes yes, sometimes no. There is no exact law. I am not sure what discrediting a beneficiary is, but that is not a Will Contest. You probably need to retain an attorney to represent you as you are obviously confused as to what is going on.
The employees at the county clerk's office informed me that the case is pending and there is not a personal representative assigned. Therefore, they do not have anyone to receive the documents for the claim. The one-year deadline is June 25, 2024 for the decedent. I need to request an extension.
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answered on May 1, 2024
You might consider making a Motion to appoint yourself as administrator due to being a creditor. A lawyer will be necessary, and probably a Bond. Then you file the claim against the Estate. The claim may not be worth it, but this happens alot when clients die with a pending case.
Three children. All married. Want to put the house in all three of their names. However if one child dies, I want the remaining two to get the third chip’s portion to divide. I do Not want my child’s widower Or even my grandchildren to inherit that portion. Strictly want my children to have... View More 
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answered on Apr 18, 2024
You could convey to each of the three kids as joint tenants with right of survivorship. Rarely do I suggest that estate but it appears to meet your wishes. However during the three, then two childs' lives somebody has to pay taxes, insurance and possibly a deed of trust note. Also the... View More
the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?
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answered on Apr 17, 2024
Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More
There wasn't any percentages given as to the division of account. Who is entitled to the money in the account?
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answered on Apr 12, 2024
A beneficiary designation like the one you described is usually interpreted as meaning equal shares.
Me and our children are the heirs. What can I do she won't speak with me.
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answered on Apr 10, 2024
Hire a probate attorney. Get yourself appointed as executor or personal representative. Then as executor or PR sue her for the return of items stolen from the estate.
Do I have to add to the estate and share amongst my siblings ?
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answered on Apr 4, 2024
If you are a joint tenant on a bank account, and the other tenant dies, then the money is yours individually. Ask the bank and look at the signature care for the account.
My stepdad passed away in October and he had a life insurance policy which I am the Beneficiary of he also lived with me and my wife for the last two years before he passed the life insurance company is doing an investigation because this policy was written 6 months before he passed, the death cert... View More
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answered on Mar 20, 2024
Being a designated insurance beneficiary does not give you standing except to sue on the insurance policy. If under $25K, you might file suit against the carrier in General Sessions. I suggest hiring an attorney to pursue your policy amount. It will be difficult if you do not have a copy of... View More
We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More
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answered on Mar 11, 2024
Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More
I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More
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answered on Mar 6, 2024
Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More
My will states my husband as Executor, with my son as secondary.
With my son being a non-resident, should I change my Executor directives?
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answered on Feb 21, 2024
There is a registration process with the Secretary of State for non-TN personal representatives. However the Will has no effect until testator dies and it is filed for Probate. If you want to change something, then execute a new Will and destroy the present one. Codicils can impute contests.
Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the... View More
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answered on Feb 5, 2024
Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it... View More
What if l die before my dad? Will my sister get everything or will my daughter inherit my portion. His grandchildren are not named in will.
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answered on Feb 5, 2024
Your question cannot be answered without reviewing the will. It could go either way. It depends on how the will is worded. You should schedule a consultation with a probate attorney in your area.
In full and be able to obtain the current deed following payment? As well as claiming ownership?
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answered on Feb 1, 2024
Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer... View More
I looked up Tennessee law and it says if someone dies without a will the home is divided between the children and spouse with spouse receiving no less then one third.
The deed says : My fathers name and his wifes name there heirs and assigns forever in fee simple
Grantor covenants... View More
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answered on Jan 26, 2024
Ownership of real property by husband and wife creates a tenancy by the entirety unless the deed specifies a different form of ownership. When one dies the other becomes the sole owner.
Or is a lawyer or notary needed? How many witnesses are needed?
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answered on Jan 18, 2024
Two witnesses are required by law. Notarized self-proving affidavits help get the will admitted to court so that the witnesses do not have to be found to testify later.
There is no law that requires you to engage an attorney to prepare a will, but doing do is a really good idea. Really... View More
I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More
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answered on Jan 14, 2024
Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More
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answered on Dec 18, 2023
Read the recorded Deed of Trust, and a copy of the Note if available. Usually acceleration occurs, then default. Then three foreclosure notices in the paper before the Courthouse door sale. Usually anywhere from 45 days to 4 months.
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answered on Dec 14, 2023
If you cannot locate it, then make a new one which will revoke any others. Make sure it is drafted by an attorney and executed according to Statute.
We were told there was no will on a million dollar estate. Stepmother just told us a week ago there was a hand written will. No will was ever filed nor shown to us. We got ripped off. State is Tennessee
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answered on Dec 8, 2023
In Tennessee, if you believe someone lied about the existence of a will, potentially depriving you of your rightful inheritance, you may have legal options. If your stepmother intentionally concealed the handwritten will to benefit herself, it could be considered fraud, allowing you to sue for... View More
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