I am sorry for the loss of your mother.

I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest... Read more »

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.

Usually (but not always) the credit shelter trust is created soon after the death of the first spouse to die, BUT there must already be a trust or will that provides for its creation.

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 »

You will need an attorney to search the title as you have not stated what the Deeds say. There may be a life estate, or it may have never come into existence. There are all kinds of joint ownership. It sounds like GrandMother may still own a fee or at least a one/half interest as a tenant in... Read more »

If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.

It is very rare (but not impossible) for a will to be irrevocable. For that reason alone you should have both wills reviewed by a probate attorney for definitive advice.

If the life estate deed was properly executed and recorded, and your father has already passed, then, when your mother has passed you, as the remainderman, will be the sole owner. Her will can have no impact on that property, because her life estate ends at her death. In other words, the property... Read more »

I do not recommend you use any assets that are subject to Probate Jurisdiction until the Estate is closed and the funds are properly distributed to you. Otherwise it would be a breach of fiduciary duty, or there might be a late filed Estate Claim, another Will filed, etc.

From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.

If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... Read more »

You stated that your aunt passed and so now your uncle owns 100% of the house, but that may not necessarily be true. It depends on how they held title. If they held title as joint tenants with right of survivorship that is true, but your uncle should record an affidavit of death with a death... Read more »

Who created the Trust? The Settlor appoints his Trustee/ Successors in the Trust. Have you read it? The Trustee may be able to appoint his Successor. Are you a Trust Beneficiary? If not, you lack standing. Otherwise you can file suit in Chancery for an Accounting, Removal For Cause, etc.... Read more »

It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... Read more »

Yes you need two witnesses, even if your will is notarized (two witnesses are mandatory, notary is optional but recommended), unless your will is entirely in your own handwriting.

You can force a sale (or buy out) through a partition action with the courts.

Maybe. Maybe not. Ask him for a copy of the death certificate and letters of administration.

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.

If you are going to sue the Trustee for malfeasance, then do not cash the check. The Trust may have relevant terms to such distributions. The Trustee will argue that acceptance of the check waived any dispute about its amount. Hire your attorney now, but be careful about what Jurisdiction you... Read more »

This can be accomplished by either amending or restating the trust, with restatement being more common for other reasons.