Get free answers to your Probate legal questions from lawyers in your area.
We were being sued by my sister which she thought we stole money from my mother when she lived with us. this is not true. we browed money and mom knew about and came up with agreement which this paperwork was not admit in because we did not have anything with us because we did not know at the... View More 
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answered on Sep 15, 2021
If within 30 days of entry of the Judgment, you might file a Rule 59 Motion To Alter or Amend with the Probate Court. Later you might consider an appeal, but first you want the trial court to hear that you actually borrowed money and were paying it back. Hire a competent attorney as you need a... View More
With him at time of death. Can’t locate a Will. His girlfriend is making it seem like she doesn’t want me to look through anything or take anything. What rights do I have and she have? She still at his house.
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answered on Sep 13, 2021
Absent a will that leaves things to her, your dad's girlfriend has no rights. You need to hire a probate attorney right away to get a probate case started in order to transfer assets to your dad's heirs, his children. The court-appointed executor may also need to hire an eviction... View More
My sister lived in the house here in TN but has since moved to FL. Me and my husband want to renovate it and move in. We need the deed in my name to get the loan for renovations. We were told probate will take up to a year even though my siblings will not contest the will.
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answered on Sep 9, 2021
It sounds like you already have a probate open, so this question really should be directed to your probate attorney. Your probate attorney will need to ascertain whether the will brought in the house as a probate asset. Some wills do and some wills don't. If the will is silent on this, then... View More
I have lived here for over 3 years. The man signed a contract for me to register deed upon his death in lieu of work performed on call 24hra/7days a week. He wrote a will 3 years ago to prove his intent and disinhereted his only adult child. I am executor and beneficary. He has no one that visits.... View More
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answered on Sep 6, 2021
The daughter is apparently taking the position that there was no will and so she is the sole heir and title vests in the heir(s) automatically at death and, therefore, according to her reasoning, she has the right to evict you. You need to take the will to a probate attorney and open a probate and... View More
I'm just wondering what rights I have as her daughter
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answered on Sep 5, 2021
It sounds like your mom died leaving a surviving spouse and two children born to her. If there were no other children born to her, living or deceased, and she had no will, then you, your sibling and her surviving spouse each inherit one-third of her probate estate. Keep in mind that some assets... View More
I have been back in Tennesse for 15 years living still today at the same residence, my aunts property. She has always told me and others that if not all half of the property was mine. Well deed was in the sister name. Am I able to still get my half.?
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answered on Sep 1, 2021
A title search might disclose another owner besides or in addition to the Sister. If Sisters', have you been paying taxes? If so it may be difficult for the Sister to eject you. Detainer Warrant SOL is 3 years, and adverse possession may exist after 7 years. If you want to stay there,... View More
My brother and I are the only heirs per the will. The house will have to be sold per judge. I have recently married and want to change my name. Will this muddle up things legally?
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answered on Aug 26, 2021
It should not be a problem. As the executor you write the beneficiary and estate claim checks. It would be easier to keep using your name given on the Letters Testamentary, but if there is a problem you should be able to handle it. Keep the Court and Bank informed, and carry a copy of your... View More
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answered on Aug 12, 2021
Unfortunately TN SC has ruled a tax is not a claim against the Estate. The SOL may have run on collection of taxes, or there not be property of the deceased taxpayer to collect from. Hire a competent attorney to assess the situation since apparently you do not have an attorney handling the... View More
The PR is an heir. Some heirs want to sell the real property for debts others don’t. The PR does not want to sell and has said the property will not be sold. Can the the PR prevent or stop the property from being sold if there is not enough money to pay the debts? How do you have a PR removed?
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answered on Jul 30, 2021
Hire a competent attorney to file an Action for a Partition Sale. But this may not be possible until the Probate is over due to possibility of an Insolvent Estate. The Heirs own the property at the decedent's death, but title may not be merchantable for awhile. The Partition Suit can... View More
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answered on Jul 26, 2021
Your question is unclear. Does "she" refer to your mother or your grandmother?
Either way, there is no way to answer your question without reviewing the will. Some wills are written such that a beneficiary's share lapses if the beneficiary predeceases the decedent.... View More
Both parents names are on the deed of the house. Mom passed away 10 years ago and dad remarried about 6 years ago. He added my stepmother to the mortgage earlier this year and he just passed a month ago. The will states that his Entire Estate is split equally but she says I only get half of what... View More
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answered on Jul 16, 2021
If the Will is filed for Probate, then she is the Executor. She can also take a Spouse's portion electing against the Will which will probably wipe out the Estate. A title search may help or hurt. If no Will in Probate, then the Heirs own the home, you and her, and a Partition suit is... View More
I was her caregiver and am caretaker of house and property and need funds to.pay utilities and maintain the property is it possible to get funds for this purpose?
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answered on Jul 14, 2021
If there is an Estate filed in Probate, then ask the Administrator or Executor to pay the same. Is no Probate, then no, it would be a gift and any reimbursement from the Estate, etc. is doubtful. It is possible the Heirs own the property, and those are the people that should pay for such... View More
Father passed 16 years ago. His will stated the home is to be left to mother, then following her death, the property is to be split between 4 adult children - 3 father's biological, 1 mother's biological. The deed is in mother's name and she has maintained the property solely.... View More
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answered on Jul 20, 2021
It is not possible to answer your question without actually seeing your father's will and also reviewing the probate case, if there was one. It would also be necessary to review a limited chain of title to see how title ended up in your mother's name. You should take all of this... View More
mother had a will leaving everything to my husband and his sister who died 30 yrs ago with no heirs of her own. there is a house and 2 small lots in Arizona, plus an older minivan, checking account and savings account. we gathered death certificates for his dad, sister, and mom and tried to file... View More
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answered on Jun 28, 2021
Yes, probate is how wills are administered. That said, a whole lot more information is needed to determine exactly which probate process(es) is/are needed and in which state(s). If the decedent had real property in multiple states, for example, you might need a probate attorney in each state.
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answered on Jun 14, 2021
Yes and no. Waiting a year will have minimal to no impact on secured creditors. They can always foreclose on their collateral even after a year has passed from date of death.
Also, the one year statute of limitations does not apply to Tenncare and most other government... View More
I live in FL. My father is moving from FL to TN. I know upon his death I must file the form to name the Sec of State to receive legal notices. My question is about "CO-Executor".
1. Can I name this Co-Executor AFTER my father passes or is it required to be named in the... View More
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answered on Jun 10, 2021
There is no requirement for a Co-Executor in Tennessee. A non-resident may serve solo as Executor as long as he or she, as you are already aware, designates the Secretary of State to receive legal notices.
after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.
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answered on May 17, 2021
If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each... View More
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answered on May 3, 2021
A will cannot be changed after the testator passes. And, in any event, powers of attorney automatically expire/terminate at death.
My father's will states that his girlfriend and her grandson can continue living in the home after his death. It also states that the house is left 50% to me and 50% to his girlfriends grandson. I live in the state of Tennessee it is start anything I can do after his death and contest it and... View More
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answered on Apr 26, 2021
File a muniment of title with the will. Change title and eject the girlfriend. The will control over anything told to the girlfriend.
My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... View More
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answered on Apr 25, 2021
You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other... View More
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