Get free answers to your Estate Planning legal questions from lawyers in your area.
assuming the estate qualifies
answered on Sep 27, 2017
Probate (of whatever form) is proper where the deceased resided at the time of death. If he was a TN resident, then TN is the place to file whatever paperwork is appropriate. There may also need to be something filed ELSEWHERE too (eg a personal injury lawsuit, or something dealing with out of... View More 
her home, while trying to recover from P.T.S.D. due to 2 years of 24/7 caregiving with zero assistance from any of my 5 siblings. She had a trust. I am one of two (2) executors on her trust. Now the other executor (my half brother) is filing suit for me to pay rent from the time of her death and... View More
answered on Sep 13, 2017
Sorry, but there is no easy answer. You don't have any rights by virtue of having lived there so long ( this was simply by consent of your mother- she could have charges you rent if she wanted to, but apparently she didn't) .
Now that she has passed, the terms of the trust will... View More
Property was owned prior to marriage and never deeded jointly, Will not probated, but notarized by lawyer, per will, property transfers upon death. Who is currently the legal owner, spouse or adult child?
answered on Sep 8, 2017
Firstly, the will needs to be probated and accepted before one can answer this question.
Intitled to there part in the state of tennessee it was not willed nor inherited the person just gave it to them because they wanted those 4 people to have it an the person that died did not will there part
answered on Aug 23, 2017
The wording of the deed to the 4 people will control. If the deed contains wording referring to "rights of survivorship" then only the surviving members of the original 4 own it. However, this wording ( joint tenants with rights of survivorship) has to be clearly stated in the document.... View More
They use injection drugs in my house police say need an eviction notice I live off disability
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017
You will need to file a Detainer Warrant in General Sessions immediately, requesting "For Possession Only". There is a three year Statute of Limitations on Unlawful Detainers, but it is up to them to raise the issue. After Judgment if they are still there you will have to request a... View More
He's paid all taxes and upkeep for 15 years she passed 7 years ago. Can we even sale the home?
answered on Aug 7, 2017
Your question raises more questions. For instance, did the sister have a will; did she have children or a spouse; were her parents still living? He will need to speak to any attorney to help in regard to the ability to transfer the property. It's possible to work through but without doing... View More
My friend inherited money when her dad passed away and wasn't told about it by the person who was managing it. The person managing it used it without her knowledge to pay for things. Wondering if she could possibly sue this person and have a case?
answered on Jul 27, 2017
Yes, there is definitely a case for "breach of fiduciary duty" if the facts are as you described. If the minor has now reached adulthood, they only have a limited time to bring the suit. Consult an experienced lawyer asap.
my sister and other brother have been up keeping the estate that my other brother thinks he is getting everything but i have paid the taxes onthe land we have ask him a number of times if he is helping and have not gotten replay. all he wants us to do is quick claim to him. my qest is since he is... View More
answered on Jul 22, 2017
If your father had no Will when he died, the three of you will probably be co-owners in equal shares of the land and anything else he solely owned. One of you will probably have to open a probate case in order to transfer title to the three of you. You may be able to recover the amount you paid in... View More
Her house is being rented to family at a reduced rate and they have gone past agreed time.
answered on Jul 18, 2017
It will require court action- if the trust was part of a will, then file a petition in the estate ( or to re-open a closed estate ) and explain/list the things which the Trustee has done wrong/failed to do. If there was no estate, you simply going to have to file a lawsuit explaining the same... View More
What can I do to stop this from happening? Can I sue them to prevent this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2017
You do not own an "inheritance". At your Father's death, his Heirs and Next Of Kin take at that time. Your Father may be able to protect some assets, and exempt others if a money judgment goes down. Bankruptcy is sometimes a solution. The Exemption Statutes should be consulted... View More
The lawyer that did my aunts will is not returning phone calls so I have no idea how to proceed. I have a list of travel expenses (I'm in TX and had to make several trips to TN to handle aunts estate). How do I recoup my money? Who do I turn the receipts in to? Do I just submit receipts and... View More
answered on Jul 3, 2017
Reasonable fees and expenses incurred in the administration of the estate are a priority expense of the estate, and this includes attorneys fees incurred by the executor in helping the executor complete the administration. Keep your receipts, you may need to file them with the court clerk as part... View More
I've checked Facebook, phonebook Etc and no luck finding this person. I'm in Texas and this person is in Tennessee, no idea what my next step should be. She left him 25% of her estate and I want to see that he gets it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2017
There are numerous ways to search for missing legatees and devisees. Private Investigators, classified ads, and my favorite, title searches in various Counties, are just a few. As the Executor, it is your fiduciary duty to find the named beneficiary or those that take by representation. It is... View More
answered on Jun 26, 2017
if your sister was a Tennessee resident at the time of her death, then Tennessee law will control who inherits from her. For most people, the primary beneficiaries are the surviving spouse and children, if any. Your question doesn't provide enough information about her heirs to be specific,... View More
My dad has a lump sum of money that they pull interest off of to live on in retirement, but he's in poor health and my mom has some substance abuse/alcohol problems and his concern is that she'll squander it all when he's no longer around to oversee her. Can he dictate that she... View More
answered on Jun 20, 2017
A surviving spouse has certain special rights, more so than a child or any other relative. Discussion of those rights ( homestead, exempt property, elective share and years support) will require more than can be provided in this question and answer format. For sure, he should have a will and name a... View More
I was the Beneficiary over her, and also I was the power of attorney over her too... Can you tell me what my rights are on pressing charges againt him...
answered on May 21, 2017
The power of attorney is meaningless now, it was only applicable during her lifetime. If you were the executor, you had the duty of following her will ( if any) and making funeral arrangements. However, I don't think you need any special relationship or authority to prosecute. Call your local... View More
allowed any member access to their piece of property regardless of where it falls or whose land it crosses?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2017
It sounds like your family divided up the farm into separate tracts by a survey, which should have included easements from a road to the various tracts. If not, hopefully each deed has some sort of right of way term in each legal description. Otherwise an easement by implication, necessity... View More
My wife is one of four siblings and the executor of her mother's will. Her mother just passed away leaving a "will" (done through an attorney 8 years ago) which simply states that my wife is to distribute assets however she decides (no list of who gets what). Her estate = $40k... View More
answered on May 16, 2017
If the one child received 17 acres and a truck and/or boat, there will be a written record of those transfers ( a deed for the land and title certificates for the truck,etc). This would be written documents supporting the verbal instructions your wife received. To protect your wife from claims of... View More
answered on Apr 28, 2017
It means that while you would have inherited if there were no will, but because you were not named in the will that won't happen.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am... View More
The second will stated I owned the house but the first said I could live there as long as I wanted but if sold proceeds divided between me and my siblings. The siblings disowned my mother and haven't seen her in five years. The first will was signed and she died before the second was signed.... View More
answered on Apr 25, 2017
A will is not valid until it is signed and properly witnessed. From your question, it is clear there is no "second" will as she died before signing it. The first ( and apparently only ) will controls what happens to her assets.
There is no requirement that there be a good... View More
I would like a list of the State of Tennessee's minimum legal requirements for holographic wills. I am gathering information for my grandmother who has indicated that she plans to write her will by hand.
answered on Apr 3, 2017
The Tennessee Code is updated every year. There are hundreds of amendments every year, to many sections. You need to make sure you have the most current supplement, which at this time is probably 2016. ( The 2017 amendments will not be completed and published until the end of this legislative... View More
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.
