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What is the procedure in Tennessee for dissolving an irrevocable trust that contains only real estate, in order to pay off one beneficiary $100,000 and resolve the $30,000 in debt incurred by the trust? The trust consists of three beneficiaries, one serving as the sole trustee. The two... View More 
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answered on Mar 14, 2025
You must hire an attorney with trust experience to read the Trust and Deeds involved. Only then can a proper procedure to execute the Trust be arrived at. There will be tax consequences. Trustee may have to sue the Beneficiaries in Chancery to execute the Trust.
I was married to my husband, Robert Edwin Atchley, for 37 years until he passed away during surgery. Since his passing, I've faced hostility from his family, who have stated I'm no longer recognized as part of the family and have refused to support me financially, despite my ongoing... View More
answered on Mar 13, 2025
In the State of Tennessee, a will must have signatures from 2 witnesses that will attest that the person is of sound mind and body. Some of the better wills have a notary sign off on the person's signature and the two witnesses. An amendment to a will is a codicil. For a codicil to be... View More
As a live-in girlfriend and non-family member, I was granted everything (including the mortgage, house, cars, etc.) by two sons through probate documents recorded over a year ago at the courthouse. The probate process is about to close, and there have been no known issues, but we are currently... View More
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answered on Mar 6, 2025
Any interested party with standing can file a motion, objection, etc. if they want to. Even after the Estate is closed, it is possible to reopen it sometimes. Talk to your attorney about the Estate being probated.
I paid the property taxes on 2 acres my brother-in-law owned in Nashville, Tennessee, after he died (in 2020, 2021, and 2023). The property is currently in probate. It is recorded in both the tax and probate records that I paid these taxes. The property is supposed to be auctioned, but there's... View More
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answered on Feb 24, 2025
You may be able to file a claim against the estate. It may be late but whoever the representative is might not file an objection, especially since you have materially assisted the preservation of the real property. You might want to look into what a perspective bid at a tax sale might be... View More
My father passed away in 2022 without a will, and I was told I needed a lawyer to start probate and become the executor of his estate, but I couldn't get one. Therefore, the estate hasn't gone through probate. I live in my father's house, have fallen behind on the mortgage payments,... View More
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answered on Feb 24, 2025
Father's heirs own the property as tenants in common, subject to the Deed of Trust. Hire a lawyer to search the title, determine heirship, and record an Affidavit of Heirship. Then sell to someone quick who will payoff the Accelerated Note. Probably not alot of money now, so you may wish... View More
My mother, who was a sole business owner, passed away unexpectedly without a will. One of my two siblings is attempting to take control of her business by accessing her bank account and has taken possession of all her belongings, including the only copy of her business license and keys to her... View More
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answered on Feb 23, 2025
The business and its associated property are personal property which goes to the Next of Kin. Hire a lawyer to file an intestate administration probate. You will have to post bond, but as soon as letters of administration are issued to you, you can take charge and marshal up the assets.
I am a beneficiary of a will from Knoxville, TN, and I believe the will was originally executed in fall 2021. I received notice about being a beneficiary in spring 2022 but haven't received a copy of the will or any communication from the executor. I'm currently living in the UK and am... View More
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answered on Feb 19, 2025
Has the testator died? If not then your inquiry is premature. If a will is filed for probate then the executor must send a copy of the will to all interested parties and certify the same to the Court. If you think there should be a will contest, then you will need grounds. witnesses and a... View More
I inherited a property on January 31st, 2024, and sold it on November 22nd, 2024, for $176,000. I made no significant improvements to the property, and I'm unsure if the buyer did. I didn't have an appraisal or receive professional advice on capital gains. How do I determine the capital... View More
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answered on Feb 15, 2025
You need SOMETHING to show to the IRS, in case you are audited, proving the value on the date of death. It could be a formal appraisal, but for something like this you might get away with a simple broker's opinion of value. But the more time that goes by the harder it will be to create this.... View More
My father passed away without a will, leaving a property in Sequatchie County, Tennessee, in his name. After his death, my stepmother completed an affidavit of heirs excluding his three children. No official communications or notices have been received by us regarding the estate. The property is... View More
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answered on Feb 14, 2025
Good Morning:
A complaint to quite title must be filed.
Attorney M. G. Floyd, Esquire
901 526 1088
If a will contest has been filed in Tennessee but has not yet gone to court, can the contesting parties withdraw their case and still inherit under the will?
Additionally, if their contest has caused delays without presenting any evidence, should I file a motion to dismiss the case? Would... View More
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answered on Feb 8, 2025
The contesting parties as plaintiffs can certainly voluntarily dismiss their Will Contest action by a written Notice to the Court and with service on all Parties. However they may be liable for unpaid Court Costs under their Bond filed in the action. A proposed order should accompany the notice... View More
In common under family trust and no spouse or will does co owner have right to change locks kick me out have police make me leave and then sell deny and gift items of my and my mother's to others without my signing and denying me entrance by using police to enforce it when I can't afford... View More
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answered on Jan 31, 2025
Hire an attorney now to search the title and determine heirship. If you are an heir file suit for partition.
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answered on Jan 12, 2025
A beneficiary of the estate files a motion to remove administrator/executor for cause.
My mother recently passed. My sister is the executor. She is asking me to sign an affidavit. What am I signing away?
Supposedly it is to give permission to sell a car. I want to make sure it is not signing off for my sister to claim everything that is in the will.
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answered on Jan 7, 2025
You will need an attorney to read the proposed affidavit and advise what to do. You did not state what it says. It may be declaring heirship or allowing her to serve as administrator with no will, or something else.
In Tennessee, 23yr marriage Surviving Spouse 16 yr debt free primary residence, Chancery Court/probate matter, refuses to except Survivorship rights, and Homestead rights
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answered on Dec 13, 2024
Is the surviving spouse a surviving tenant by the entirety? If not, he probably owns only a 1/3 interest. Does he have a lawyer? Surviving Spouse must assert rights timely. Timely Appeal may be appropriate. He needs an attorney to advise and act.
I filed the motion, paid the tax, it was not disputed by the tax sale purchaser, but now they say I need to file an order of redemption, for which I cannot find an online example. Appreciate any help possible.
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answered on Dec 9, 2024
Hire an attorney. The redemption order has to be right, and you may need a deed after a title search. Deed must reference Order.
He got temporarily remarried in late 2012?. Said he wanted me to have one fourth of the sell of his cabin and he was letting my half sisters be over the sell. The girls sold it in 2013 for 168k and they never gave me a penny. He's still alive and recently been put into hospice care in FL.... View More
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answered on Dec 2, 2024
I know of no cause of action that has a long enough statute of limitations for suits against any of them. If you are an heir to any real property then you can sue for partition. Search titles to see if anything still in the family. Sometimes conveyances are made which forgets about some of... View More
His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More
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answered on Nov 9, 2024
Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More
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answered on Nov 6, 2024
What is your question? If land is in GA then post there.
I have always lived with him but I stay in the garage. My nephew was in court with a Will saying that everything is to go to him when I am his son and there was no will at the time of death do I have any rights and is there any thing I can do to keep my home
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answered on Oct 26, 2024
You can hire an attorney to help you contest the will. There are strict time limits for will contests so you should not delay hiring a will contest attorney. If this was some time ago it might already be too late but the only way to find out is to schedule a paid consultation with an attorney to... View More
A portion of property from original property was quite claim deeded to persons that are now dead . How to go about getting that piece of land back
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answered on Oct 25, 2024
There are too many facts missing from your narrative to answer your question in any definitive way. As to each name on the deed an attorney would need to know if the person died testate or intestate, where he or she died, whether the estate was ever probated and where, if the death was recent... View More
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