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I was recently removed or excluded from Will that my grandfather had created by the executor. I believe this is not against the desires, or the will unless intestine of my grandfather, which I do have, but I have not have the signed copy of the executor has changed this and has no longer following... View More 
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answered on Dec 6, 2023
What is your question? You will have to rewrite your request.
Need to determine if distributions to a beneficiary of an IDGT would turn off grantor trust status and cause a portion the income for that year to be taxed to the beneficiary rather than the grantor.
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answered on Nov 28, 2023
Typically it is the other way around. That is, income is taxed to the grantor rather than the beneficiary. This is actually considered a feature rather than a bug. But not all IDGTs are created equal. The only way to know for certain with respect to any given IDGT is for an attorney to review... View More
Wouldn't the Sole beneficiary be named on first page?
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answered on Nov 27, 2023
The potential heirs and next of kin are listed on many forms even though there are legacies and devises.
The possibility of a Will Contest is always there.
Regions bank employees faciliated conversion by making new document for a friend to take over bank accounts
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answered on Nov 22, 2023
It sounds like your lawyer needs to get in gear. There should be multiple defendants involved, and discovery needs to be enforced by the Court. It sounds like forgery is involved. Subpoenas against financial institutions must meet several statutory requirements.
Recently got a Tenncare request for release form and had fill out along with sent a death certificate by email for my mother that passed in nursing home with Tenncare Choices. They emailed me back since I am a disabled that they assert my estate when I pass. They will not let me know how much my... View More
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answered on Nov 8, 2023
If you are disabled, you do not have to pay anything to Tenncare while you are alive and remain disabled. It would be easier on YOU to just let the make a claim against your estate when you pass.
Grandma lists My mom, both my aunts, and myself and two sisters as beneficiaries of “the irrevocable family trust” but under distribution of funds it only says my sisters and I and my aunts. It doesn’t mention my mother. My aunts are trying to say she was cut out of the will but if that’s... View More
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answered on Nov 8, 2023
This forum is meant for obtaining answers to questions of a general nature. You are asking for very specific advice about a particular set of circumstances. There is no attorney in this forum that will be able to answer your question without reviewing the trust instrument itself, at a minimum.... View More
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answered on Nov 6, 2023
From what you have stated, it is a Trust of no particular type. You will need a Trustee (or multiple Trustees) and Successor Trustee provisions. A fund for paying taxes will be required. A lawyer needs to search the title and draft the Deed over to the Trustee for the benefit of the Trust... View More
I got a letter today from Medicare for signing to see if she owned on any bills since she was in nursing home since 2020 and a copy of death certificate. I have profound hearing loss was on a disability check until I got married in 2020. My dad and her signed property over to me in 2016. Only thing... View More
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answered on Nov 6, 2023
It is very uncommon for any living individual to be personally liable for the debts of a deceased person. However, the creditors of a decedent may make claims against the decedent’s estate.
It is extremely uncommon, also, for a decedent to owe money to Medicare. More likely, Medicare... View More
Several years ago my father and my stepmother made a will that the property and house goes to her 9 kids. She had the 9 children from past marriage and my dad has me from past marriage too. No children was born into their marriage. My stepmother left me out the will and I feel like I supposed sign... View More
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answered on Oct 22, 2023
I hate to be the bearer of bad news but a will does not require the consent or sign off of anybody but the maker of the will. Your consent to this arrangement was not required.
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answered on Oct 20, 2023
The cost of creating a power of attorney and living will in Tennessee can vary depending on several factors, including the complexity of your specific documents, the attorney you choose, and any additional services or consultations required. Legal fees can vary widely, and for personalized legal... View More
Home in an irrevocable trust. Selling the home now, but grantor is still alive. All beneficiaries, trustee and grantor are in agreement to terminate trust. That way we could avoid paying taxes on all profit, and be able to get the first $250 k in profit free of taxes. Could we do it without having... View More
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answered on Oct 11, 2023
If the purchaser wishes to take such a title risk, then all interested parties might sign deed as grantors. But I would not draft that deed. It is recommended that a competent attorney be retained to read the Trust, search the Title, then file suit in Chancery to get authority to convey.... View More
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answered on Oct 10, 2023
In Tennessee, a legally valid living will or advance directive is the official document that expresses a person's wishes regarding medical treatment in the event they become incapacitated. If there is a discrepancy between the living will and a casual letter, the living will generally takes... View More
I am Executor, but our daughters locked me out. Now the house is 2 years behind on taxes and they left it. I found a Vacant sign that was placed on the door. I didn't file because I couldn't afford it but the girls knew what the Will said, we all signed it. They left dogs in there and... View More
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answered on Oct 3, 2023
Your question cannot be answered without reviewing the will and other facts and circumstances such as whether the estate is solvent without the house. You should schedule a consultation with a probate attorney.
Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More
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answered on Oct 4, 2023
Hire a competent lawyer to draft, execute and record an Affidavit of Heirship as the source of title. But all tenants in common can remove you from possession.
If sons inherit property and both want to sell it to someone and they agree to it can they do so without putting it in probate? If it does have to go to probate who becomes executor if neither son wants the property and want to sell it? If it does go to probate if any liens or judgements are... View More
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answered on Oct 4, 2023
If there is sufficient equity in the property, then any tenant in common can file a Petition for a Sale For Partition.
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answered on Sep 22, 2023
In Tennessee, if your mother passed away and your stepdad never updated or prepared a new will, the existing will would generally still be considered valid, as long as it met all the legal requirements for a will at the time it was created. This means that the assets would be distributed according... View More
My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?
Thank you,
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answered on Sep 14, 2023
Are there any title problems, such as claims against your Deceased Husband? If so, you might not have merchantable title. And many title co. will require an unnecessary Probate which takes more than a year to close. Was earnest money involved? If so, give that back. The buyer suing you for... View More
She has a Will, my stepbrother is the executor. The policy was not mentioned at all in the Will.
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answered on Aug 28, 2023
If you are the named beneficiary of the AD&D policy, then the proceeds are payable directly to you, bypassing the probate estate. The check should be made payable to you and then you deposit the check into your personal bank account. You make a claim by calling the company and letting them... View More
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answered on Aug 25, 2023
There is no legal requirement for the settlor of a trust to tell anyone about the trust being created. In fact there are many secret trusts, and oral trusts can sometimes be enforced in TN with clear and convincing evidence. Title searches on properties will often disclose conveyances into a... View More
Mother passed without a will in TN and left two vehicles in her name. My siblings would like fill out a Affidavit Of Inheritance form without going to probate court. Problem is both of them live in different countries and do not get along with each other. Since we all came to an agreement can I use... View More
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answered on Aug 22, 2023
There is no requirement that one notary public notarize all signatures. However, there is not enough room on the form for more than one notarial affidavit, so one notary public would have to use the notarial affidavit on the form and the other would have to attach a separate notarial affidavit.
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