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 »
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 »
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 »
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.
I am looking for something to have in place to help my mom (who lives in TN) with any financial, health and/or legal issues that may arise in the present and in the future when/if she becomes incapacitated.
My mother is almost 89 with dementia my sister is 70 she lives with mom she also has dementia.My mom has no will or power of attorney. My younger sister and I need help to figure out what we need to do to sell my moms home. Both need to go into assistant living. It will take what money my mom has... Read more »
My dad had a stroke 4 years ago and had lived in a nursing home until the the day he died. We recently received an estate recovery letter from Tenncare. Since my mother is the spouse, she can live in the house without fearing collection from Tenncare. However, if she wants to sell the house, will... Read more »
Absolutely.... There is probably a TennCare Lien filed at the Register of Deeds. The State will get paid before anyone else. The Mother may be able to Homestead part of it, but it is doubtful. Before she thinks about selling, hire a competent attorney to conduct a title search, and look at...Read more »
Has your father filed for divorce or has his wife filed for divorce? If so, you can petition the court for a conservatorship over your father. If he is totally incapacitated, you would want a full conservatorship rather than a limited one.
He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.
I'm sorry for your difficult situation. Your post remains open for a month and you may be better off simply reaching out to Tennessee attorneys here (Find-a-Lawyer) or searching independently on your own. This isn't really a lawyer referral service - it's only a Q & A Board. Good luck
My brother and his wife have medical POA over my mother and are planning to place her in a nursing home “if” she continues to decline. I vehemently disagree and am trying to find a way to prevent them from doing this. My mother does not want this and trusted my brother believing he would never... Read more »
You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to...Read more »
My land when he said he would not dig up my land and if did would let me know,. He took the chain link fence down 30' that's been up for years without my permission, to bring in bulldozer/grader.for building a drench. he could of taken down his fence since he owns the property . I asked... Read more »
You have a Boundary Line Dispute, and actions for Trespass and possible Tort Damages. You probably need a competent attorney to perform title searches on both properties, and may need a boundary line survey. All of this is expensive, and you will probably recover very little but defend your...Read more »
If your Mother is in Louisiana, then that State's laws are controlling. Tennessee has nothing to do with it. Your Mother or yourself should contact a competent attorney in that State. Further it would be much better for a Power of Attorney to be executed in Louisiana, when it will be used there.
Not sure of your question, and you have not stated enough facts. However it is very unlikely that a Tennessee Judgment has subject manner jurisdiction over anything to do with real property in Alabama.
The exception would occur on ancillary jurisdiction of a will probated in Tennessee....Read more »
My father's sister is his POA she has not been in contact with him for the past year since you became his POA she has changed his life insurance policy to add her to have 10% of it and the two children she had taken or grandchildren have 45% of it a piece and not the others which is what he... Read more »
The Principal of an executed Power of Attorney can revoke it at any time. He can issue a Revocation Document, which can be recorded at the Register of Deeds or it can be given to any important asset administrators such as a Bank or Insurance Company. He can always change the Insurance Designation...Read more »
one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separate loans it was the Redstone Federal credit Union I froze my account so I could not pay on the car payments 2 months behind on the $15,000 long because they froze my account would not take out the... Read more »
...general POA or conservatorship, or both. After selling her home and moving her to a nursing home, my sister-in-law will not give my mother-in-law copies of statements or other documentation regarding her finances, and we suspect my sister-in-law is taking or has taken large sums of money for her... Read more »
Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to...Read more »
Do I have a legal right to demand a copy of all the bills, assets, etc. of our parents to ensure they are being managed correctly? My sister has been handling their bills and accounts and my mother is confused and doesn't understand what she is doing and my sister is not being transparent... Read more »
If your mother is still mentally competent, she should file court papers to be named conservator of your father- she as the spouse has the right to serve as his conservator even though he has signed a POA. Getting the courts involved may be the only way to get your sister to act openly....Read more »
She has also called the police on me several times as a form of retaliation. I want to declare her incompetent, as she can no longer control her bodily functions. What can I do? I need help because I'm currently living with her and I'm nervous what she'll do next....
In Tennessee, maybe the first thing to do is try to get her to go to her doctor, and tell the doctor about her behavior asking him/her to provide an mental evaluation. Usually some form of medical examination is required in order have a conservator appointed.
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