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answered on Sep 25, 2020
You have not stated sufficient facts. However if the Estate is ready for Distribution to Beneficiaries, then you can make a Motion to Distribute, or even a Partial Distribution. You can also make a motion to remove the fiduciary administrator/executor. But you may not know all the facts of... View More 
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answered on Sep 23, 2020
Not sure why an attorney in fact would be paid anything by an Estate. But you might start by looking at the Court File at Probate Court. It might list the claims or an accounting by the Administrator/Executor. Read the File verbatim. If it seems wrong, hire an attorney to examine the... View More
Brother was sole beneficiary among myself and 6 other siblings.feel will was coerced undue influence on mother who was in Alzheimer status
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answered on Sep 18, 2020
In my opinion no... Besides blowing the SOL, there are practical matters to consider. Witnesses will be nonexistent now. And most importantly, the real and personal property is almost assuredly gone by now. I recommend you do a title search on any real property to see if any title problems can... View More
I moved in a few months prior to her death to help with her care as well as her oldest sons care who has dementia. She verbally willed me to keep the house and continue caring for my uncle whom is her oldest child. The verbal was received by my mother whom is the youngest. She passed away 7/2019. I... View More
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answered on Sep 15, 2020
You are not ready to sell anything, and if the Note and Deed of Trust is not serviced, the property will be foreclosed upon. Hire a competent attorney to determine heirship, then find a knowledgeable affiant to swear out an Affidavit of Heirship. That will be your source of title. Then the... View More
She has only one other child and grand child. Is there a statue of limitations
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answered on Sep 10, 2020
Grandmother's heirs were determined at her death. And your Father's heirs were determined at his death. Without knowing all the facts, it is very possible that you take one-half of what Grandmother had. Arguably the 7 year SOL for adverse possession applies, but it rarely applies... View More
My daughter died suddenly with few assets and no will. She also had no debts except those acquired surrounding her death. The ambulance sent one bill the first month after death but none since, the Hospital sent a couple and stopped, and the ER Physician group sent many and referred her to... View More
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answered on Sep 9, 2020
You opened up the can by filing Probate. Hire a competent attorney to close this Estate. If no claims are filed within 1 year of death, then it will be great. But you have a fiduciary duty to contact all known creditors, and you can be sued yourself. Administrative expenses should be paid... View More
he has no will
answered on Sep 7, 2020
If there is no will, and the father is not married , and the house is not jointly owned, then the house should vest in the children when he dies. If your wife becomes joint owner she cannot just be thrown out of the house. I suggest talking to an attorney to understand the whole process.
He passed over 5 years ago and the title says "and" not "or" between the owner names.
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answered on Sep 2, 2020
If you are selling it, you might try to sign the title over as yourself and the sole next of kin of the decedent. Or you can apply for a new title to DOS. Most County Clerks will take it as is. If necessary, file a Small Estate Affidavit Probate, but that is alot of expense and trouble for a... View More
The person over the house and funds when the house is sold is my cousin. The will places him as the advisor over the estate until my daughters are 21. The money must be used to take care of my daughter's needs. If there is any money left over when they have each reached 21, then the money goes... View More
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answered on Aug 28, 2020
Is the Testator deceased? If not, then there is no probated Will. If deceased, then the Will must be Probated to have any effect. If no Probate, then the house goes to the heirs. If the cousin is the executor and trustee, then it sounds like a decent devise. To remove an executor, you need... View More
My Dads passed and his new wife hired a lawyer to handle the estate in Tennessee, we believed he was acting for the estate and therefore working for all of us but in an email he said he only represented her as the Administratrix, can she still take his fees out of the estate or do they have to be... View More
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answered on Aug 24, 2020
That is how virtually all lawyers handle Estates. And yes, he will be entitled to professional fees from the gross Estate. You and your relatives do not understand Probate. However you can object in writing to the Court if you feel the fees claimed are excessive.
It’s in court now when will it be paid out?
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answered on Aug 19, 2020
Probate of a Decedent's Estate in TN is usually a long involved process. You will need a competent TN attorney to properly perfect your Claim against the Estate. Hopefully you will recover something. or you may not. It would help to examine the Inventory of Assets at Probate Court.
I live in NY
I have tried to get info from the court but they will not talk to me
I am the executrix for my dad’s will who died in 2016
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answered on Aug 14, 2020
Sometimes you have to discharge one and hire another. Probate in Tennessee is both difficult and expensive, and should not be filed unless necessary. You will need a competent attorney to close the Estate.
I’ve never seen a will. My dad had two large inheritances from our family in the past, and made a lot investing. I’m out of state what can I do?
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answered on Aug 11, 2020
You probably can only check on real estate titles at whatever Register of Deeds he would have used. Many investments and insurance policies will go to designated beneficiaries. Many bank accounts will be owned by the joint owner or POD beneficiary. If he died intestate then his Heirs-At-Law... View More
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answered on Aug 11, 2020
Yes the Probate Judge can issue a Capias for your arrest. If you are out of Tennessee, it will be difficult to apprehend you however. But in an Estate some type of Default Judgment may go down without your input. If you have Surety Bond, they will also pursue your assets where you are at.
The problem I’m facing the house became delinquent I had the money to make the payment but the bank would not accept the payment saying they have to have paperwork saying that I am the executor of the Estate i’m worried that I can’t get this taken care of in a timely manner before my house... View More
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answered on Aug 11, 2020
Your facts do not make sense. But if you started a Probate, which may have not been necessary, then you should be getting your Letters Testamentary from Probate Court. Call the Court today. This will be your authority to act on behalf of the Estate. Insurance and Taxes have to be paid also.
A sibling is threaten to get probate
answered on Aug 9, 2020
If your father died without a will (intestate) then your father's estate will be divided among his wife and children.
You can petition the court to be the personal representative and handle your father's estate. If your sibling becomes the personal representative then he/she will... View More
The stock is in another state and is a private family owned company. Does her will need to go to probate or can this be handled without going through probate? The company knew her wishes and has given him all information on the stock, they just say they need a paper from the court.
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answered on Aug 4, 2020
Probate should be avoided when possible. But this situation might require the same. It might qualify for a Small Estate Affidavit, but a recorded Affidavit of Heirship/Next Of Kin might provide all the source of title he needs. You have not stated many needed facts, so I recommend you consult... View More
She owned two pieces of property, which were in her name alone, one of which has a house with a mortgage loan that she still shared with her ex-husband. He is also the executor of the will and sole beneficiary. I paid for her funeral expenses and have filed a claim with the probate court for the... View More
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answered on Jul 27, 2020
Apparently the spouse made a huge mistake filing Probate if only two parcels are the only assets. But since you filed, you should read the file and see if any assets are listed in the Inventory. If no Inventory, file a Motion to Remove the Administrator and possibly apply to administer yourself.... View More
He was found deceased in his home after being dead over a week, along with water damage turning into mold and fear of his passing being from Covid. His brother and I could not locate a will in his apartment. We did visit his bank to notify them of his passing. The only information we got in return... View More
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answered on Jul 21, 2020
What is the probable size of the Estate? What kind of properties? Did he have alot of creditors? These are questions for a competent attorney, not for what you think is the correct thing to do. You might need to file Probate, and you might not. Do not initiate Probate unless you think you... View More
Spouse used my mother’s credit card after her death for funeral and vacation. His name was not on the cards and he wasn’t an authorized user.
answered on Jul 21, 2020
Most likely such action is fraudulent. I am fairly sure that only authorized users may legally use credit cards. Such action may violate state and or federal law. If you inherited money from your Mother's estate such action by her spouse may have improperly diminished the estate and affected... View More
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