can they get a warrant out on someone without facts after threatening other parties. making accusations
answered on Mar 27, 2023
Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... Read more »
The land belonging to the senior. If a beneficiary is added to the land title? Is there restriction if the land is under a land contract?
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answered on Mar 9, 2023
There is no minimum, and I have seen the State pursue to sale a $ 17,000 lien. The owner needs an attorney to look at options, for which time is a consideration. There are criminal sanctions involved, so it is serious. With a house and alot of acreage, very good options exist.
I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... Read more »
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answered on Mar 2, 2023
If a Deed is executed then the property goes where the granting and habendum clauses say. It does not become subject to a Will Devise later if it is a fee conveyance. The grantees take the Estate when executed.
I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... Read more »
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answered on Mar 2, 2023
It is important to consult with an attorney who specializes in estate planning and real estate law in your state to help you navigate this process. They can advise you on the legal options available to you and help you draft a legally binding agreement that ensures the transfer of the house to you... Read more »
Auto,s guns and much more taken an sold . They are taking from my mom which is elderly but is of sound mind herself
answered on Feb 13, 2023
First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... Read more »
Account owner is in memory care.
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answered on Jan 31, 2023
It should if it is drafted and executed correctly. Administrator will probably want an original DPOA, unless you can get them to accept a copy. If not, a conservatorship may be preferable instead of a Declaratory Judgment and Recovery Action where jurisdiction will always be a problem.... Read more »
He's 79 his wife has had poa for the past few years altho they've not lived together for the past 15 years. He no longer wishes for her to have poa so I'm wondering how does he change it
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answered on Jan 9, 2023
He Revokes the POA in writing under a Notary. Execute about 3 originals. Send one to the attorney in fact, and record one in the County he may have property. If there is a Bank involved, deliver one to it first.
My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... Read more »
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answered on Jun 8, 2022
This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.
My mother has been living in a memory care facility in Washington county, OR since 2016 and my father lives in Manatee county, FL. He is running out of money and needs to sell it. The lot is in a neighborhood in Farragut, a suburb of Knoxville. What options does he have to either sell or get money... Read more »
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answered on Mar 27, 2023
Has anyone offered Mother a QCD to sign? There may be potential State Liens, so a title search is needed. A Partition Sale might work where a Guardian is appointed for her, but again, Liens could attach to proceeds.
me from account. I Had made deposit of $30,000 on construction start. Then she removed my name from account when Balance of account was $197,000. Total build amount was $110,000. She stole my money! Can I Sue her?
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answered on Mar 3, 2023
You can sue her for conversion, unjust enrichment, etc. However she can claim you gave the money to her when you opened the joint account. You might be able to claim a Resulting Trust with good evidence, and then file a Notice Lis Pendens on the title.
"... by the undersigned, _____________, who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument."
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answered on Nov 22, 2022
If you are giving someone a Power of Attorney over you, then you are the undersigned.
answered on Nov 21, 2022
Yes, one can contest the probate of such a will under those circumstances in Tennessee. I would suggest you speak to qualified legal counsel to pursue this action.
I've been taking care of a family friend for the past 2 years and recently he had his leg amputated. His sister came down from Chicago to visit with him. We both were his medical POA. Until his sister tried to put him in a nursing home far away from anyone. He then took her off as POA, now... Read more »
answered on May 27, 2022
You are not legally obligated to hire an attorney to represent you. You can legally represent yourself. However, you will probably obtain a better result and have more confidence with what you are doing if you hire an attorney to help you.
Warranty deed looks homemade from mother to husband and refinanced on same day 2 diferant insurment # now he’s tring to sell I’m her daughtery’ need stop all property
answered on Mar 8, 2022
if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights... Read more »
He now has his strength back and claims he does not remember the attorney coming to the nursing facility but remembers constantly being pressured to sign his property over prior to rehab. My uncle is 83 years old and never wanted to sign his property over to anyone. What can he do to reclaim his... Read more »
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answered on Nov 10, 2021
How much Property is involved? Failure of Consideration and Fraud may be factors as apparently he has not been adjudicated incompetent. Was the attorney the draftsman and notary? Many facts and whatever witnesses are available will have to be put together. Time is a serious factor, especially... Read more »
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answered on Jun 14, 2021
There is no perfect way to protect assets, but the sooner the better. Consult with a competent attorney about risks and Deed options.
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... Read more »
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... Read more »
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answered on Mar 15, 2021
Your Friend may not need a Will, as his assets should be examined first. A Will would have to be very carefully executed, which may not be possible. Hire a competent attorney to examine his situation.
Signed title to me and has funds to pay nursing home for apx 2 years. She moved to NC.
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answered on Mar 8, 2021
It might be possible, but extremely not probable. She is in NC not TN. I would not worry about it as she probably has forgot about her former property. The only thing that is a possible problem is NC law, not TN. If they really come after it. let them have it.
Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... Read more »
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answered on Feb 16, 2021
There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.
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