My father passed in Feb 2023 and I haven't gotten into the business part of my fathers stuff yet bc my mother passed as well this year. I am sole heir to everything in this family. My mother was 1/4 partner as well, but never kept up with the business side of things, the men did. Before she... View More 
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answered on Dec 27, 2023
As administrator you will want to dissolve the Partnership. The assets may not be collectable but you can pursue dissolution. You will need a competent attorney and expect to pay alot. The Partnership interest is personal property and goes to the next of kin which is almost always also the... View More
my mother (i was only 11) i was told SHE bought a mobile home and some property, we moved into said home few months later i am woken to her bf whom moved into home with us to call my nanny and tell her my mom is being taken to the er by ambulance but he said to the Fayetteville er not Tullahoma er... View More
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answered on Dec 26, 2023
In Tennessee, when a property is owned as tenants in common with rights of survivorship, it means that upon the death of one owner, their share typically passes to the surviving owner(s). However, the specific language in your mother's deed stating "tenants in common with rights of... View More
I paid $300 for an expensive 3 pc leather living room set..mint condition internals, structure, springs, cushion, but scratched sitting area & shredded back from cat. I bought it from friend(he paid $5k+ new 10-15 years ago..very rarely used). He moved & new furniture fell though & he... View More
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answered on Dec 13, 2023
Yes, mom is responsible for returning borrowed property to the true owner. Your remedy depends on a lot of other factors not covered in your narrative. For example, if she tries to list the item in a probate inventory then you should object in writing filed with the court. If there is no probate... View More
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.
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.
The opposing party in a Probate case claims they have made contributions to property taxes for the last 20 years. I was able to provide a recorded conversation between myself and the party, in which the party admitted that they withdrew their help/contributions 27 years ago. I always thought that... View More
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answered on Oct 26, 2023
Your lawyer needs to object to the Clerk& Master's Report or appeal the Chancellor's ruling. This assumes that the property taxes were in sufficient amounts that it affects the Estate's other beneficiaries. Your recording may not have the legal impact on the Probate Case... View More
Like: My parents have lived in their home for the past 39 years. But it remained in my grandmothers name even though she did not live in the home for the past 39 years. She left it to my dad in her will. Now tenncare estate recovery is coming after the home because one of her other children put her... View More
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answered on Oct 24, 2023
In situations like this, the primary concern is addressing the estate recovery claim made by TennCare. To potentially avoid or lessen the estate recovery:
1. Gather evidence to demonstrate the significant contributions and expenses your parents made towards the property, such as records of... 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
My father passed away, when he passed he and my step mom had matching wills. She had mental health issues and past away from dementia, prior to her death her will was changed even though she had dementia. Is the original will in effect? Does this void the will and give their family all rights to... View More
answered on Oct 8, 2023
If you were a stated beneficiary in a will that was revoked by a new will while your Mother was diagnosed with dementia, you may have standing to bring a will contest.
Do I have to send in a defense on a civil action in probate court if I don't object to anything? It says that a judgment by default will be rendered against me for the relief demanded in the complaint if I fail to defend this action. I don't get what I'm defending if I have no objections.
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answered on Oct 5, 2023
You can respond to the Petition served on you, but probably not required as in most suits. Go to Probate Court, read the File, and respond to questions. Hire a lawyer if it looks like you are not getting what you think you should.
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.
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answered on Oct 4, 2023
There is no common law marriage in TN. However there may be property transfers or partnerships involved between the two persons, which give one or both rights therein. Consult with an attorney.
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.
Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud
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answered on Sep 25, 2023
What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney.
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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
things I said and it was put on social media. Is this legal?
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answered on Sep 1, 2023
Most likely it was legal. if false, a possible libel suit might lie, but a retraction must be first demanded.
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
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