My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... Read more »
answered on Mar 10, 2023
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 »
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?
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.
Shelter trust have to be created prior to the first spouses death?
answered on Feb 21, 2023
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.
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 »
My grandmother and great aunt had a joint ownership on some land, my great aunt passed away and left a life estate for her husband with no further details as to what he can do with it. Does my grandmother have total control over the land?
answered on Feb 8, 2023
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 »
A partition has been done. I'm 40 years old born in 82 and uncle died in 2005.
answered on Feb 6, 2023
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.
answered on Feb 3, 2023
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.
My father had an attorney create a deed listing my father and mother as life tenants and myself as remainder owner. My father passed and my mom had a Will created naming a grand daughter as a life tenant for one of the properties and myself as remainder owner.
(Her attempt was to give a... Read more »
answered on Jan 28, 2023
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 »
answered on Jan 26, 2023
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.
This is the house she and her husband live in. Can she sell the house, he is not on the deed. This is in Tennessee
answered on Jan 16, 2023
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.
What is probate and is it required in TN?
answered on Jan 16, 2023
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 »
Aunt and Uncle each owned 50% of house. She passed so it it his 100%. The deed still has his and her name on it. His will states he is leaving it to me. Is there anything that needs to be done so I don't run into any trouble if I want to sell it? How will house get transfer to me as the new... Read more »
answered on Jan 8, 2023
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 »
My aunt has weaseled her way into being the trustee because the original trustee not one of the beneficiaries turned it down and named her. My aunt named her husband as her successor trustee and her husband named the original trustee who turned it down.
answered on Jan 4, 2023
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 »
This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?
answered on Jan 1, 2023
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 »
answered on Dec 18, 2022
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.
My siblings and I inherited riverfront property which I don't use. My siblings, who along with their kids use the property, won't buy me out. I don't want my kids to inherit the 'problem' and am looking for a way to solve the situation. Can I trigger a market sell? Or some other action?
answered on Dec 14, 2022
You can force a sale (or buy out) through a partition action with the courts.
Is this a scam?
answered on Nov 24, 2022
Maybe. Maybe not. Ask him for a copy of the death certificate and letters of administration.
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 received a distribution check from a trust and an email from the trustee saying that the check closes out the trust.
The trust was created in Tennessee and is governed by Tennessee law.
answered on Nov 4, 2022
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 »
answered on Oct 28, 2022
This can be accomplished by either amending or restating the trust, with restatement being more common for other reasons.
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