Your power of attorney expired at the moment the individual died- it is not effective after death. These funds now belong to the "estate" of the deceased. Is there a will? If there is no will, then it belongs to his heirs. You are probably going to have to open an estate ( a court... View More

I can't say about other states, as I am licensed to practice only in TN, but Tn says that if a will was valid in the place where it was signed, then it is still valid in Tennessee. in short, Tennessee does recognize as valid will signed in other States ( again, assuming the other State's... View More

No, but you will need to provide the consent when they apply for a marriage license.

Ask the attorney to clarify his explanation. There is not enough information in your question to give you an definite answer. One reason a piece of real property (like a house) might pass outside of probate could be due to the nature of the ownership. If your father had placed title to the home... View More

If you are named as the attorney in fact for another person in a written document, its not possible to go back in time and "undo" that wording. However, if you do not want to serve in the role, you do not have to do so. it is an entirely voluntary position. You should notify the neice and... View More

This would be a CIVIL lawsuit not a criminal one unless the STATE is charging fraud. There is no 'guilty' there is 'responsible' or not. The facts you have presented are FAR too complicated to even try at an opinion however. The ultimate distribution of property will depend on... View More

It sounds like the issue has been resolved- you do not say, but I assume your mother left her estate ( or specifically the house in question) to both you and your sister. if so, you already own at least half ( so there is no need to "sell it to yourself"). If your sister CONVEYED her half... View More

There is no specific answer- this is a matter of contract between the buyer and seller. What you asking ( checking for mortgages ) is what is usually called a "title search." It depends on the agreement between the buyer and seller- sometimes the buyer pays for this and sometimes the... View More

Trust your lawyer's advice. Most amendments to any legislation are applicable prospectively only ( as opposed to retroactively). In other words, the intent is not to change things that have already been done, but to change things from that point forward. It seems unlikely to me that the... View More

An the name implies, a revocable trust can be "revoked"- you ( or a lawyer with experience in them) will need to review the trust document and comply with the procedures set forth in the trust. Additionally, if assets ( land or money) have been conveyed to the trust or the trustees, those... View More

The question is who are the Grantees in the Deed. If it is to the two of you, it should say something like "as joint tenants with right of survivorship" or "as co-tenants" or language to that effect. If it doesn't specify how you share the property, state law probably... View More

This situation is FAR too complicated to provide you any good advice in this sort of forum. You NEED to seek out local legal counsel to insure you know what is going on and whether or not you have any sort of interest in the property! It is hard to believe the Court would allow this matter to... View More

the answer depends somewhat on your plans for the property. if you plan to sell or borrow money using the land as collateral any time soon, you will need to probate the will since either of those options will involve some for m of 'title search" being done , and that search will raise... View More

Perhaps a search of birth and death records? Maybe a neighbor or some distant kin? However, if there is truly no one who is willing to sign, there is a kind of lawsuit to "quiet title." This is obviously more expensive, but getting a court order confirming the ownership is the only other... View More

Generally, only the original "TRUSTOR" can change the terms and obviously they can't make any changes after they die. Your question is unclear- who is "UBS"? If this has been attempted, a lawsuit needs to be filed asap seeking to enjoin any further action and to set... View More

Sorry, but you haven't provided enough information to understand your situation. Please explain what you mean by "wholesaling." Generally, a seller can sell to whoever they want. Buyer and seller are free to agree on all kinds of terms.

yes, but to be precise- there's not enough information in your question to provide a proper answer. There are always pros and cons to every decision. You don't mention the value of the property ( there might be gift taxes).

You don't explain why you think this is a good idea... View More

A trust is generally a written document ( although sometimes it is part of or contained in another document, like a will). The author of the trust ( not the lawyer preparing it, but the person creating the trust ) is called the trustor. The person handling the money or assets is called the... View More

If you are under 18, the law says you lack the required maturity to act for someone else. You may be very mature for your age, but unfortunately, the law applies to everyone, and it does not allow for "special exceptions". You should find another adult to act for your mother.

This is going to require a lawyer- You can't handle this yourself. There are lots of complex legal issues here- the statute of limitations ( time deadlines) the type of alimony originally awarded ( divorce law) Evidence issues ( about the oral agreement and the "dead's man... View More