The next week I went to probate court and obtained a copy of my mother’s will. I also learned that the probate case pertaining to my own mothers will was still active meaning never closed. My mother’s spouse who received her estate remarried a year and a half after my mother passed. So this new... Read more »
There is too much missing information in your recitation of the facts to provide an answer in this forum. You should schedule a consultation with a local probate attorney to help you. Rarely is probate a do-it-yourself project.
I opened probate 4 months ago**correction to question above. The house in located in Georgia requiring ancillary **. Am the executor and beneficiary . Bonds and accounting were waived Received letter for pursuant failing to notify tenncare and my lawyer did not. I filed release form Not sure... Read more »
If your question is about the house in Georgia, the answer is you need to hire an attorney in Georgia to help you process an ancillary probate.
Can you clarify if i'm wrong?
That is correct. The witnesses, if you go that route, cannot be related to the principal by blood, marriage, or adoption and must not be entitled to any portion of the estate of the principal upon the death of the principal, i.e. not an heir or beneficiary.
You really should hire a Texas lawyer. Probate laws vary widely from state to state and local rules can vary quite a bit too from county to county within a state.
deceased daughter. Will that affect anything she will receive once she turns of age from the estate of deceased father?
Your facts have some mistakes. But I believe what you are asking is whether the daughter can inherit from both her actual Father and her adopted Father. No.... Once she is adopted, that is her Father and she has no relationship with her biological Father from the Adoption Order
and... Read more »
ed. I was told in Tennessee I had to settle estate here in Texas but Texas is telling me that I have to do it in Tennessee. The deed to the Tennessee property is still in my dad's deceased father's name(my grandfather) I am the only child .What is the right thing to do...
If any of the heirs are wanting to sell the home quickly, then you will need to probate both your grandfather's estate and then your father's estate. If you all plan to hold the property for many years, then this can be handled with affidavits of heirship. Neither of these are do-it-yourself... Read more »
heirs include 4 1st cousins and 3 siblings of a deceased cousin. Paternal heirs include 1 aunt, 7 1st cousins and 1 sibling of a deceased cousins. Equal shares to all?
No it is not equal to all relatives. It is halved between the Paternal and Maternal Heirs however. Those halves are then divided up by the Paternal and Maternal issue, with the closest relatives taking prior to further issue. You need to hire a competent attorney to determine heirship, and... Read more »
Removed inherit at the same level as a first cousin? In New York first cousin once removed can only inherit if there is nobody at the level of first cousin on either side of the family
I do not know what "once removed cousin" means, and it probably has no legal significance. Intestate Succession is very close Country wide. Determining Heirship requires knowledge of the Decedent's marriages, divorces, parents, siblings, and children, at the time of death. You have not... Read more »
My son died without a will. His father, sister, and I are his next of kin. I have no knowledge of any assets or debts. The insurance company requires a small estate affidavit with a federal EIN number to consider payment. Do I have to be the "affiant", or is the insurance company?
In some states this can be a do-it-yourself project. This is not so much the case in Tennessee. To do this right you should hire a Tennessee probate attorney. The papers do need to be drawn up correctly and filed with the court.
I called around and no clear answers. I am in Florida and don’t know what to do.the information online is wrong and I am starting to think he is lost in the system. Is there any number or person I can call to help. Tried Williamson jail where he is they said he is state property looked online and... Read more »
I suggest you contact the court clerk - if he is serving a sentence for a criminal offense, there is paperwork at the courthouse that says what he was convicted of, and what his sentence is, and whether it is to be served in the local jail or the Tennessee Department of Corrections. If he have... Read more »
What can we do to keep her from the money? Can we get in annulled faster?
Annullment is not an option in Tennessee. And just filing divorce on grounds of fault does not get a divorce. Hire a competent attorney for your Father to start transferring assets now. Life Estate/Remainder Deeds and/or Trusts might be good options for some more important assets. But it must... Read more »
I cared for my husband through 8 years of Alzhiemers, he didn’t leave a will, but I was his POA. Step kids are trying to also take a portion of my house in Tennessee. Step daughter made herself executer of my husband estate ,even when I told her he had nothing subject to probate. Now his brother... Read more »
Your heirship intestate succession rights should be governed by Tennessee Law, which is very similar Nation wide. You probably need a competent Mississippi attorney to represent you, a long time ago. File an Affidavit of Heirship in Shelby County Register of Deeds and start using it. You have... Read more »
My daughter filed claim to MIL’s estate for $5000 for loan she and husband took out to pay MIL’s burial expenses. Her attorney said it would be a “priority claim.” Probate attorney has not paid it, refuses communication with them. Also, without telling any of the other 3 heirs, made a... Read more »
Possibly- on some occasions, a court will approve a private sale of property if it can be shown that the private sale is for a reasonable price. Selling at auctions will involve advertising expenses and a real estate commission ( even if the court clerk acts as the sales agent, they too will take a... Read more »
My Sister is my Mothers Executor and has her will, I would like a copy, and she will not let me have one or even see it. What can I do to get a copy of my Mothers will?
There is a Trust for my Mothers assets that is supposed to be split between 4 children again Sister is Executor. Mother... Read more »
You have not stated anything different. But apparently there are Co-Trustees, not Co-Executors. And you apparently do not know if the Will is Probated or not. Again find out if there is a Probate. And again hire a competent Tennessee attorney to look into this. Finally a viable Trust will... Read more »
In the State of Tennessee. My sister is Executor over my Mothers estate so to speak. There is a Trust for 4 Children. Sister is Executor and younger Brother is second signer. First, I ask for a copy of the will Sister refuses to give me one. Can she be forced to give me one? Second The Trust... Read more »
Your question does not make sense. It sounds like there is an established Trust and now someone died with a Will. If so, the Trust Assets probably have nothing to do with an Estate unless the Mother was a Trust Beneficiary, where her interest would then be governed by the Trust Terms and then... Read more »
Does oldest become power od attorney or is all family heirs? They want funeral arrangements so they can take body to whom we chose.
Unless you believe you are mentioned in the possible Will, it is not your concern. A locksmith can take care of the safe, and unless you are very sure you are in the Will, that operation is for immediate Family only. If you believe you are in the Will then call a competent attorney today, as... Read more »
All of a sudden we were told the investment account was dissolved, we were named in a will but the account is dissolved, so what do we do now, we're confused as to why he forgot to issue our check left by the deceased.
Apparently you have no idea what is going on. Initially you need to examine the Probate File at Court, to see what is happening . The Will may or may not have been Probated. Then you may need a competent attorney to inquire of the Executor where your money is. The Estate may not be closed yet... Read more »
My father passed away before he had it settled in court she has a grown son whom she had a restraining order against up until she passed and i don't know who is intittled to the stocks now would it be me since everything went to him and then when he passed i was his only hier I'm lost please help
Under Tennessee inheritance law, if a person dies without a will, their surviving spouse AND the children share whatever the deceased owned. Sounds like you own half ( the half your father inherited) and the son owns the other half. However, you don't specifiy whether your father had a will, and... Read more »
We were separated but not legally, He passed suddenly was living with friends. I had to give permission to halt medical treatment and to cremate him. But can't get a death certificate because friends he lived with aren't cooperating.
If he had no will and no children, under Tennessee law, you as the surviving spouse are his sole heir and entitled to inherit his estate and you also have the right ( but not the duty, if you elect not) to serve as the administrator/representative of his estate. Consult an experienced probate... Read more »
The property includes a bank account. Since the quit claim is for real estate, how are bank accounts outlined and settled in the Probate process? I am currenty Estate admin of the account with restricted access from the bank. What paperwork do I need to have the restrictions removed?
I... Read more »
If you are the administrator of the estate, you received a document called "letters of administration" from the court clerk when the estate was opened. If you didn't get this , or if you have lost it, you can always go back to the clerk's office and get a certified copy. These "letters" are your... Read more »
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