My grandmother owned life insurance policies on my grandpa and myself. We want to cash them out because they are horrible policies. They were supposed to transfer ownership to my grandpa but never did after we filled out the paperwork. Now they are saying we need all of my grandmother's heirs to... Read more »
You did not state this, but it sounds like your grandmother has passed and there are things still in her name, such as these life insurance policies. You should contact a probate attorney to help you with getting those assets retitled. The type of process that will be needed will depend on more...Read more »
care for what he called his "boys" is missing. He left a voicemail stating he is leaving money to last the rest of their lives. 15 years life left for Butch and 2.5 for Bear. These of course are guesstimates. Where can I get reports , scientific or previous cases similar to mine to show the courts... Read more »
The audio recording of a bequest is not enforceable. Only the written Will that is probated can be enforced. Apparently you have made a very serious mistake in assuming you were an "heir" and taking it upon yourself to care for Estate assets. If there is a funded Trust for the benefit of...Read more »
It is also agreed that I can keep the house if the mortgage company allows and all the contents.My father had three step children that are pushing me to probate. I know they have no legal right to anything in his estate but I'm ok with them getting things they want and that goes for all. Is there... Read more »
You have not stated a need for a Probate Administration. But if the Estate is large enough, or there are certain type of assets, then Probate may be necessary. Consult with a competent attorney. The Title to the home should be simple, with someone executing and recording an Affidavit of...Read more »
My husband's will was written during his previous marriage with his ex-wife and daughter as beneficiaries. He has every intention of changing it but has not yet. My concern is losing the house which is solely in his name and having to start all over because I did not receive anything from his... Read more »
If your husband dies without changing his will, his estate will pass as if his former wife (still mentioned in the will) had predeceased him. It doesn't revoke the whole will, however, so chances are his daughter would inherit his entire estate, subject to your right to take an elective share...Read more »
My total assets left are worth about $1,000 $500 for a car and $500 for clothes, furniture, etc Do I need to have my will probated in Tennessee? I may have some credit card balances, but no cash to pay
For an estate that small there is an abbreviated procedure using a small estate affidavit that gets filed with the court. The filing fee varies depending on whether the decedent had a will or not and whether bond is waived but it is usually about $105 for the filing fee and around $100 for the bond...Read more »
heirs when I file my small estate affidavit in Rutherford county Tennessee. All I am looking to do is transfer husbands funds into my own Roth account. Technically there was no will, but I did find a handwritten, signed paper from my husband stating that all his worldly possessions were left to me.
Not sure of your question. But if the surviving grandparent died intestate, then you are probably one of the Heirs At Law. Hire a competent attorney to perform a title search, and possibly execute and record an Affidavit of Heirship. If you are an Heir, then either intercede in the proposed...Read more »
Being the administrator of an estate is not the same as being the heir. It is the duty of the administrator to see to it that the assets of the decedent are properly transferred to the heirs named in the decedent's will or, if the decedent had no will, then to the decedent's heirs at law. You...Read more »
Home and have SSI and Medicaid. Once he enters a group home,I suppose Medicaid will put a lien against his house, but when it sells, won’t it put him over the limit and then not be able to reside in the group home?
There is a lot of missing but necessary information in this scenario. This is perfectly understandable because you do not know what information is relevant. You and your son should schedule a consultation with a Tennessee attorney experienced with special needs planning.
My grandma left me part of her estate when she passed away. She Appointed one of my cousins as Trustee of her estate. I went to jail for a period of 4 months. While in there I was served with papers accusing me of damages to the house that I did not do and a court date was set. I was physically... Read more »
You might file a Rule 60 Motion now within 1 year of the Judgment. You need to be very convincing of your legal disabilities at the time. But even if you are in jail, you need to file papers (including handwritten in pencil) with the Court. Default Judgments are often set aside. You should...Read more »
House in Paris, TN owned by father and mother with TennCare assessment. Father passed in 2015 while mother was in nursing home with dementia. Family was advised by attorney that estate needed to be opened. Both had wills which appointed each other as Execs with me as alternate, but were drawn up... Read more »
You haven't asked a question. What do you want to do? File a complaint against your former attorney? Sell the house? You would be wise to hire another attorney to discuss options and determine the best course of action.
We have rent to own the house for 15 years. But the landlord who owns the house is wanting to kick us out because of her grandson is wanting to move in it. She dropped the lease and deed without us knowing. She dropped it 5 years ago and just told us recently 5 months that she had dropped the... Read more »
The sister is not the executrix here. If there is an actual Probate, then the substitute executrix takes charge, or the Court will appoint someone. If no Probate, then that Will has no effect. Your problem is that your
sister is now in control of both Parents' property due to intestate...Read more »
If you were a death beneficiary for the life insurance policy, trying calling the life insurance company to inquire about your share. Normally, the life insurance company will issue one check to each named beneficiary, not one check to just one of them. But if by chance they wrote a check to all...Read more »
My aunt was in a nursing home for the past 2 years. Last March (7 months ago), she had her house put in my mothers name (her sister). My aunt passed away a couple of weeks ago. From what I understand since the house was given to my mother it will not be included in probate. But is it possible for... Read more »
It may be possible that TennCare takes it. Your Aunt should have hired a competent attorney. But do not Probate anything, hire a competent attorney to conduct a title search, and your Mother needs to conduct herself as the owner.
did then that siblings portion would go "back into the pot" so to speak and be shared equally between the surviving siblings upon my great-aunt's death. If one of those siblings has died, but did not die BEFORE my great-aunt, would that sibling's portion then go to their child after their death?
In Tennessee a devisee must survive the testator by at least 120 hours in order to inherit, unless there is a longer survivorship requirement stated in the will. If there is no survivorship period stated in your great aunt's will, and if the sibling survived your great aunt by at least 120 hours,...Read more »
Most likely - yes, and perhaps more importantly, it's unclear whether you can sell the property without her signature/consent.This is hard to answer without actually seeing the document that created the life estate. I do not think simply "moving out" of the premises is enough to terminate the life...Read more »
You'll have to look at the deed to determine who owns the house. If they are divorced and she's not a title holder than the house would pass to the next eligible heir by statute. Consult a local attorney to determine what options, if any, you may have.
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