Get free answers to your Estate Planning legal questions from lawyers in your area.
I'm seeing a lot of social media "gurus" tout this specific language when referring to set up a trust. They say a lawyer cannot set these up and the only way to sue the trust is in the supreme Court.
It's very obvious that this is a scam but without a legal background I... View More
answered on Sep 29, 2024
The IRS released a memo on August 9, 2023, discussing non-grantor, irrevocable, complex, discretionary, spendthrift trust.
The memo was limited to rebutting the promoters misinterpretation of IRC 643 on the avoidance of income tax. The link to the memo is below.... View More
She is in need of long term facility care.
answered on Sep 19, 2024
If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More
theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More
answered on Aug 2, 2024
You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.
My mom own half of the house too. Everything was taken and nothing to her side of the family.
answered on Aug 1, 2024
What you state as fact may not be the case. If the accounts were joint, the monies are his. If the house was tenants by the entirety, then the survivor owns it. You might hire a TN attorney to look into it if you really think the stepfather stole properties.
She is very capable of paying her bills, she pays all her bills herself with no help, she has investments and everything. They are saying she is incapable and already undergone the test, and been appointed a conservator but the hearing is the 28th. I'm not related, and her closest relatives... View More
answered on May 27, 2024
You can call the court where the case is being heard and ask who has been appointed to serve as attorney ad litem to the respondent, or who has appeared as the respondent's private attorney (this is uncommon but theoretically possible). Then contact that attorney to offer your testimony.
In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct
beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a... View More
answered on May 16, 2024
The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a... View More
My 92 year old father is updating his estate planning documents after the passing of my mother. He wants to appoint both myself and my sister as co-attorneys in fact since we are both helping him with his financial and medical affairs. He doesn't want to name one person as primary and the... View More
answered on May 7, 2024
There is no law that prohibits co-attorneys in fact. However, conventional wisdom is to avoid it because having co-attorneys in fact can become unwieldy, especially if they get sideways with each other. If they must act together and they are unable to work together then the effective result is... View More
For a will dispute to discredit a beneficiary.
answered on May 2, 2024
Sometimes yes, sometimes no. There is no exact law. I am not sure what discrediting a beneficiary is, but that is not a Will Contest. You probably need to retain an attorney to represent you as you are obviously confused as to what is going on.
The employees at the county clerk's office informed me that the case is pending and there is not a personal representative assigned. Therefore, they do not have anyone to receive the documents for the claim. The one-year deadline is June 25, 2024 for the decedent. I need to request an extension.
answered on May 1, 2024
You might consider making a Motion to appoint yourself as administrator due to being a creditor. A lawyer will be necessary, and probably a Bond. Then you file the claim against the Estate. The claim may not be worth it, but this happens alot when clients die with a pending case.
Three children. All married. Want to put the house in all three of their names. However if one child dies, I want the remaining two to get the third chip’s portion to divide. I do Not want my child’s widower Or even my grandchildren to inherit that portion. Strictly want my children to have... View More
answered on Apr 18, 2024
You could convey to each of the three kids as joint tenants with right of survivorship. Rarely do I suggest that estate but it appears to meet your wishes. However during the three, then two childs' lives somebody has to pay taxes, insurance and possibly a deed of trust note. Also the... View More
the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?
answered on Apr 17, 2024
Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More
We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More
answered on Mar 11, 2024
Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More
We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More
answered on Mar 11, 2024
In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:
1. Contact the county assessor's office: You can reach out to the Claiborne County... View More
I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More
answered on Mar 6, 2024
Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More
My will states my husband as Executor, with my son as secondary.
With my son being a non-resident, should I change my Executor directives?
answered on Feb 21, 2024
There is a registration process with the Secretary of State for non-TN personal representatives. However the Will has no effect until testator dies and it is filed for Probate. If you want to change something, then execute a new Will and destroy the present one. Codicils can impute contests.
Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the... View More
answered on Feb 5, 2024
Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it... View More
In full and be able to obtain the current deed following payment? As well as claiming ownership?
answered on Feb 1, 2024
To address the unpaid property taxes and potentially claim ownership of the property as one of the surviving children of your father, you'll need to follow a specific legal process:
Pay Unpaid Property Taxes: You can pay the unpaid property taxes to bring the property current. Make... View More
In full and be able to obtain the current deed following payment? As well as claiming ownership?
answered on Feb 1, 2024
Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer... View More
Or is a lawyer or notary needed? How many witnesses are needed?
answered on Jan 18, 2024
Two witnesses are required by law. Notarized self-proving affidavits help get the will admitted to court so that the witnesses do not have to be found to testify later.
There is no law that requires you to engage an attorney to prepare a will, but doing do is a really good idea. Really... View More
I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More
answered on Jan 14, 2024
Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.