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there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?
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answered on May 22, 2024
An attorney would need to actually see the wills in order to render an opinion as to validity, and ultimately the probate court decides whether a will is valid, but based upon what you stated, they are most likely not valid. In Tennessee, as in most other states, two witness signatures are... View More 
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answered on May 22, 2024
Surplus Funds from what? A Trust will not have "surplus funds". Consult with a competent attorney as you are confused. The Trust should dictate about what to do with the corpus when a beneficiary dies.
My grandmother passed in September of 2023. My aunt has attempted to get heirs to sign a quit claim deed of affidavit of heirship because the original will attorney left something out exempting heirs on the will when it was signed and notarized. The attorney who originally did this will is now... View More
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answered on May 20, 2024
I hate to be the bearer of bad news, but this is not a do-it-yourself project. There is no quick and easy "form" or technique that I can point you to that you can fill out and file and do yourself. You are going to need to hire a probate litigation attorney to contest the will. Also do... View More
In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct
beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a... View More
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answered on May 16, 2024
The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a... View More
My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her... View More
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answered on May 15, 2024
A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for... View More
Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?
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answered on Apr 22, 2024
Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More
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answered on Apr 18, 2024
If you do not take the fiduciary oath, then you will never be the fiduciary. If someone calls you about it, explain that you refuse to be the executor.
Some of the property and the house is going to be taken by the city to widen the road. How do we make sure we are compensated for the land and house when the city takes it?
One of the heirs doesn’t want any property, does she relinquish her share prior to us getting the title, or does... View More
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answered on Apr 13, 2024
The title can be updated using a simple affidavit that is recorded in the land records, but the title will not be marketable until at least one year has elapsed since date of death or the other assets of the decedent
have been probated and the estate was solvent.
If one of the heirs... View More
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answered on Apr 12, 2024
If the Daughter is a joint holder or a payable on death name on the signature card, then the deposited funds are owned by the Daughter. Wife should have no authority to remove money. Bank could be sued for such a conversion.
There wasn't any percentages given as to the division of account. Who is entitled to the money in the account?
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answered on Apr 12, 2024
A beneficiary designation like the one you described is usually interpreted as meaning equal shares.
Me and our children are the heirs. What can I do she won't speak with me.
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answered on Apr 10, 2024
Hire a probate attorney. Get yourself appointed as executor or personal representative. Then as executor or PR sue her for the return of items stolen from the estate.
Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More
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answered on Apr 9, 2024
What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More
Do I have to add to the estate and share amongst my siblings ?
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answered on Apr 4, 2024
If you are a joint tenant on a bank account, and the other tenant dies, then the money is yours individually. Ask the bank and look at the signature care for the account.
ARIZONA probate funeral reimbursement question
I am the personal representative of my father’s estate going through informal probate in Arizona. I paid the funeral out of pocket before being receiving letters of administration. My understanding is I can be reimbursed for the funeral... View More
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answered on Mar 27, 2024
Hire an AZ attorney to file your claim against the Estate.
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answered on Mar 16, 2024
I hesitate to recommend doing that, because it will make it extremely difficult for the executor to obtain a federal taxpayer ID number for the estate, which is an essential prerequisite to opening an estate bank account.
The judge ruled a partition by sale of my home. I would like to be reimbursed for my contributions. I have receipts for everything. What's the proper legal term for what I need to file in order to seek a judgment?
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answered on Mar 11, 2024
Hire an attorney to defend you and file an Answer. There you can claim contributions and reimbursements to be added to your share from the Common Fund. His Fee can actually be paid from the proceeds.
I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More
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answered on Mar 6, 2024
Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More
My father passed away 1/25/2024 at his residence in Zephyrhills, FL. He had a live in girlfriend/ caregiver of 12+ years. She stated he did not have a will. She is refusing to give us any of his ashes or any of his personal items that we are requesting. She has ceased all contact and will not speak... View More
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answered on Feb 13, 2024
This case will be governed by Florida law so you should repost your question but specify Florida instead of Tennessee next time.
In full and be able to obtain the current deed following payment? As well as claiming ownership?
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answered on Feb 1, 2024
Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer... View More
I had a holographic Will construed by my prior attorney due to the language being ambiguous. It has not been presented in court yet. I want to hire representation to present it for whenever I get a court date. It's already been paid for, so there is no work to do besides presenting it. I do... View More
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answered on Jan 31, 2024
Hire an an attorney to probate the will, if there are sufficient assets. Your lawyer should determine if probate is advisable or that intestate succession controls where the assets go already. Construing the will could be an issue for the Court to decide.
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