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Mother has questions about the trust. Does she need a attorney in Tennessee or Illinois. Thank You.
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answered on Apr 20, 2021
You have not provided enough facts to determine where the trust administration is taking place. Most like it is in Illinois, but it could also be in Tennessee, or possibly somewhere else. We would need to see a copy of the trust and would need to understand who is administering the trust and... View More 
Mother has questions about the trust . Does she need a attorney in Illinois or Tennessee. Thank you.
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answered on Apr 20, 2021
I recommend her obtaining counsel of a Tennessee attorney first. He should be able to get a copy of the Trust Instrument, and after reading it, advise her. The Trust Corpus and/or Trustee may not be in Illinois or Tennessee. It could involve four or more jurisdictions. Hopefully litigation... View More
They can't buy me out and refuse to sell
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answered on Apr 18, 2021
First, if the title to the house has not already been updated to your names, you need to take care of that. A probate attorney can help you with that.
Then you can hire a real estate litigation attorney to file a lawsuit to force a sale and divide the proceeds among you. This is not... View More
His grandchildren are stating that I am not biologically his and demand a DNA test. He was married to my mother and is on my birth certificate.I also grew up going to his house every other weekend. I was not close to him as an adult My siblings children claim they never heard of me. I never had any... View More
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answered on Apr 6, 2021
If you are his child, then you are an heir and next of kin. Has an Estate been Probated? Probate would probably be in your best interests here. You will need to hire an attorney to look into it and represent you. Otherwise forget about it, as time is of the essence.
There was no abuse of any kind she amended her will several times and added and removed me each time.
Thank you!
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answered on Mar 26, 2021
Yes. You can claim an elective share against the estate and depending on the number of years you were married you can claim a percentage of the net estate.
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answered on Mar 15, 2021
Your Friend may not need a Will, as his assets should be examined first. A Will would have to be very carefully executed, which may not be possible. Hire a competent attorney to examine his situation.
I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?
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answered on Mar 2, 2021
Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... View More
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answered on Feb 25, 2021
What is your question? Pertinent facts involve: surviving spouse, children or deceased children; what kinds of properties and debts are involved; and did the Decedent have a Will? Without a Probated Will, the Heirs At Law own his real property, and the Next Of Kin own his personal property.... View More
With his consent, if removed as co-executor, can we stop the IRS from taking assets?
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answered on Feb 24, 2021
Hopefully you have not filed Probate yet. In any event you need a competent attorney to handle this. You are correct that the Brother should not be an Executor, and the Court will not have a problem with that. The Estate should not be victimized by your Brother's tax situation, but it could... View More
My mother passed away Feb. 2021. In 2009 she divided her land and all her assets to me and my sister. The only thing left to deal with is $1100 on a prepaid money card. The company wants me to send the nessecary documents, including the executor of will document. There was no will. They want me to... View More
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answered on Feb 22, 2021
Sometime you can get away with an Affidavit of Heirship. The affiant swears who the heirs and next of kin of the decedent were. Record it then send a copy to the card company with the recording information on its face. The next of kin are the owners of the funds. But if they do not send the... View More
We have been paying taxes since 2013 just enough to keep it out of foreclosure. The house was left from my husband’s grandmother to his mother and uncle his uncle doesn’t want it and gave a verbal “ok” for us to move in and do what ever but his mom who PAYS NOTHING OR KNOW WHATS GOING ON... View More
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answered on Feb 16, 2021
If the owners do not wish to transfer the property to you, then no. It is their property subject to the Deed of Trust. If the Note is not paid, foreclosure will occur where you might make a bid. If taxes are not paid, then after a while the County will have a tax sale. This is not a tract... View More
Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... View More
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answered on Feb 16, 2021
There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.
I am looking for something to have in place to help my mom (who lives in TN) with any financial, health and/or legal issues that may arise in the present and in the future when/if she becomes incapacitated.
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answered on Feb 12, 2021
You will need a duradle power of attorney for legal. You may also need a power of attorney for health care.
Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... View More
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answered on Feb 11, 2021
Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell... View More
She passed away with no will, but 1 living parent and that parent wants the house. Is she required to legally evict us through the court. State of TN
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answered on Feb 10, 2021
The Parent will have to file a Detainer Warrant against both of you. The Warrant must be served or posted, heard until a Judgment is rendered, and if you are not out of possession within ten days, get a Writ of Possession executed by the Sheriff.
Always in trouble.my sister and i don't get along. I was told that i can contest the will and get my share. True or not?
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answered on Feb 9, 2021
Anybody can contest a will for any reason. Whether or not they will succeed is a completely different question. For an answer to that question as it pertains to your particular circumstances, you should schedule a personal consultation with an attorney who specializes in will contests. I think... View More
This last week my wife and I refinanced our home. The home has closed and we missed the three day right of cancelation. In all, things are good as our refinance saved 10 years and 2% on the rate, but there is a problem. My name is not on the title and it is only my wife's as a married... View More
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answered on Feb 8, 2021
You have a very legitimate concern, and the lender should not have documented the loan this way, but that is water under the bridge. You can create a new deed from your wife to both of you. Under federal law, the lender will NOT have the right or ability to call the loan due as a result of that... View More
He has 3 sons but they had a strained relationship and they don’t want the house because they don’t have jobs and are not interested in trying to keep it up. I was his legal representative and my mom had power of attorney of the property. I spoke with tax assessor in tutwiler Mississippi and... View More
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answered on Feb 7, 2021
The easiest solution would be to hire an attorney to first get the house titled in the names of your uncle’s intestate heirs (probably his three sons) and then, second, to draw up a deed from the three sons to whomever IS willing to take on the obligations associated with owning the house, which... View More
Is there any way for me to fight for the farm?
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answered on Jan 31, 2021
It is very likely that your dad’s surviving spouse inherited the farm and when she dies it is going to pass to her children, but there is no way of knowing for certain without reviewing the deed and her will. This happens all of the time and it is very sad indeed. This is why it is especially... View More
She inherited her debt from her husband who passed 3 months ago. He was my stepfather but never legally adopted me. Her only asset is this house and land. Is there a way for me to put it in my name and stop the debt collectors from allowing me to renovate and increase value and possibly sell or... View More
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answered on Jan 26, 2021
Your situation is actually a little more complicated than you realize and a full consultation would be required to help you sort this out. Be prepared to provide a copy of the death certificate for step-father, step-father's will (or confirm there was none), mother's will (or confirm... View More
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