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Supposedly there was a verbal agreement that she did not require it therefore he never paid it. Can she do that after not holding him in contempt of the divorce decree for 12 years?
answered on Nov 13, 2016
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
The will states that only family members can buy or be given the land as part of the father's will. Can this will stipulation be changed and if so, how?
answered on Oct 26, 2016
A will, once a person has died, CANNOT be changed- think about it, once you're dead, there's no doing anything. However, the wording you described sounds confusing, and this sometimes happens; the deceased is not clear about what he/she wanted done. In those cases, the judge sometimes has... View More
I know this lady who had unlimited power of atty. Over her aunt in Tenn., and about a year before the aunt died she quick deeded the aunts house and land over to her son.
answered on Oct 22, 2016
Power of attorney, no matter how broad, does not give one the right to commit fraud. The power of attorney grants a fiduciary duty to the holder. Consult counsel if you think something is awry.
My father passed away approx. 25 years ago. Leaving behind both his two children, both his parents and two siblings. His father passed away about ten years and his mother passed away a little over a year ago. My father's siblings took it upon themselves to take my fathers's mother and... View More
answered on Oct 10, 2016
The statute of limitations on a will contest is 2 years, but creditors of an estate have only 1 year to file claims against an estate. You do not say whether there has been an administration of your grandmother's estate, but if you are going to contest anything, you will be bound by the... View More
Can you call witnesses in probate court?
answered on Sep 16, 2016
Your question is unclear- by "policy" I assume you mean a life insurance policy. If he did not name a specific individual as the beneficiary of this policy, then most likely the death benefits would be paid to his estate. You've said he had no will and was not married, so under... View More
answered on Jul 14, 2016
Some banks, most likely the smaller one, might be alert enough to notice a customer's passing due an obituary in the local newspaper, but it seems much more likely to me that the only notice your family would get would be a bill for the monthly or annual rent for the box. If an estate is... View More
answered on Jun 14, 2016
The general rule is that any "fiduciary" ( a person in a position of trust, one who handles someone's money) should be bonded; in other words, there should be some insurance obtained to protect the owners in the event the fiduciary turns out to be dishonest and steals some of the... View More
After my sister died (in Tennessee), her company set up a trust for her two sons. My nephews are now both over the age of 21 and apparently the trustee (or executor -- not completely sure how it was worded in the trust) has Alzheimer's and my nephews have been instructed to write a petition... View More
answered on Jun 3, 2016
I suspect you won't find a form for this- its unusual and fact specific. Look for "termination of trust." A trust is a written document, so you ought to get a copy of it and read it carefully- it may contain specific terms which describe under what circumstances it can be terminated.... View More
I am not the executor of the will. My sister is and I have asked for a copy from her but have refused to give me a copy. The attorney whom done dad's estate refuses to give me a copy and said, I have to supenna a copy from him. Why should I have to go through all that when I am a heir in the will.
answered on May 9, 2016
It sounds like you may not be a beneficiary under the will. If you were then you would have been contacted by the attorney or your sister to let you know that you are a beneficiary and what share you would receive. If he said that you need to a subpoena the will in order to see it, then you should... View More
They would sign a disclaimer showing that I was not a lawyer nor was I offering legal advice etc. I would print off the living wills that were for Tennessee. They would also have to take them to get them notarized.
answered on Feb 16, 2016
You might run afoul of rules or laws against the unauthorized practice of law.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is... View More
answered on Aug 7, 2013
It depends on what your lease says. Most leases have a provision for how to notify a landlord when there is a problem. Most leases also state that you may not withhold rent. Read through the lease or bring it to a qualified attorney. Good luck!
Adopted son says he has a Will that says the house goes to him upon mothers death. Mother has no knowledge of this, but her memory is not dependable. The Will would have been done before the land transfer. How does daughter protect herself and keep the house?
Property belongs to stepfather mother.
answered on Aug 7, 2013
Because the step father died without a will, the property will go to his next of kin. Generally, step children are not the next of kin as they are not blood related to the step father. If the mother had a will or died with out a will and her estate never went through the probate process, the... View More
answered on Jan 29, 2013
Your Will cannot be changed once you die. She can change her will after your death, so if you leave everything to her you should have an experienced estate planning attorney draft the documents.
answered on Jun 19, 2012
The short answer is no, they are not required to live in Tennessee. When choosing someone to be the Executor of your estate it is often easier for them to perform that duty if they live near you. However, with the mobility in today's society sometimes family members are spread out and the... View More
answered on Apr 29, 2012
The laws for the validity of a will are different in every state. Although Maryland does not accept holographic wills, Tennessee may, under certain conditions. If you think the will is fraudulent or invalid you should hire a Tennessee attorney that knows the laws in this state. They can work... View More
answered on May 17, 2012
Are you discussing presumptions for simultaneous death? Wills can include a provision that states one spouse must survive for 30 days in order to inherit from the other spouse. If there is a similar clause in a contested estate, you will need an attorney to look at it and see if it is valid under... View More
answered on May 8, 2012
This is a tricky question. Are you talking about her clothing or things like furnishings you bought together in the home? A good attorney with experience in wills will be able to wlak you through your rights and help you if you want to be appointed as the administrator of her estate.
answered on Apr 29, 2012
The court needs to determine whether or not everyone named in the will has received their share before the estate can be closed. This is normally done by collecting signed statements from the heirs. If you think there is a compelling reason to refuse to sign you should consult an attorney to... View More
If prepared by the lawyer, should it have an official notary seal,if it contains other notary info. such as when commission expires etc.? Also is that lawyer required to retain a copy of the will that he/she prepared?
answered on May 8, 2012
When our firm prepares a will for the client it has our information with it. We are also the witnesses of the will and it is notarized by our paralegal. We do keep a copy of the will, but the original needs to be probated unless there are some extreme circumstances. If the original cannot be... View More
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