The PR is an heir. Some heirs want to sell the real property for debts others don’t. The PR does not want to sell and has said the property will not be sold. Can the the PR prevent or stop the property from being sold if there is not enough money to pay the debts? How do you have a PR removed?
Hire a competent attorney to file an Action for a Partition Sale. But this may not be possible until the Probate is over due to possibility of an Insolvent Estate. The Heirs own the property at the decedent's death, but title may not be merchantable for awhile. The Partition Suit can... Read more »
Your question is unclear. Does "she" refer to your mother or your grandmother?
Either way, there is no way to answer your question without reviewing the will. Some wills are written such that a beneficiary's share lapses if the beneficiary predeceases the decedent.... Read more »
Father passed 16 years ago. His will stated the home is to be left to mother, then following her death, the property is to be split between 4 adult children - 3 father's biological, 1 mother's biological. The deed is in mother's name and she has maintained the property solely.... Read more »
It is not possible to answer your question without actually seeing your father's will and also reviewing the probate case, if there was one. It would also be necessary to review a limited chain of title to see how title ended up in your mother's name. You should take all of this... Read more »
Both parents names are on the deed of the house. Mom passed away 10 years ago and dad remarried about 6 years ago. He added my stepmother to the mortgage earlier this year and he just passed a month ago. The will states that his Entire Estate is split equally but she says I only get half of what... Read more »
If the Will is filed for Probate, then she is the Executor. She can also take a Spouse's portion electing against the Will which will probably wipe out the Estate. A title search may help or hurt. If no Will in Probate, then the Heirs own the home, you and her, and a Partition suit is... Read more »
I was her caregiver and am caretaker of house and property and need funds to.pay utilities and maintain the property is it possible to get funds for this purpose?
If there is an Estate filed in Probate, then ask the Administrator or Executor to pay the same. Is no Probate, then no, it would be a gift and any reimbursement from the Estate, etc. is doubtful. It is possible the Heirs own the property, and those are the people that should pay for such... Read more »
mother had a will leaving everything to my husband and his sister who died 30 yrs ago with no heirs of her own. there is a house and 2 small lots in Arizona, plus an older minivan, checking account and savings account. we gathered death certificates for his dad, sister, and mom and tried to file... Read more »
Yes, probate is how wills are administered. That said, a whole lot more information is needed to determine exactly which probate process(es) is/are needed and in which state(s). If the decedent had real property in multiple states, for example, you might need a probate attorney in each state.
Yes and no. Waiting a year will have minimal to no impact on secured creditors. They can always foreclose on their collateral even after a year has passed from date of death.
Also, the one year statute of limitations does not apply to Tenncare and most other government... Read more »
I live in FL. My father is moving from FL to TN. I know upon his death I must file the form to name the Sec of State to receive legal notices. My question is about "CO-Executor".
1. Can I name this Co-Executor AFTER my father passes or is it required to be named in the... Read more »
There is no requirement for a Co-Executor in Tennessee. A non-resident may serve solo as Executor as long as he or she, as you are already aware, designates the Secretary of State to receive legal notices.
after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.
If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each... Read more »
A will cannot be changed after the testator passes. And, in any event, powers of attorney automatically expire/terminate at death.
My father's will states that his girlfriend and her grandson can continue living in the home after his death. It also states that the house is left 50% to me and 50% to his girlfriends grandson. I live in the state of Tennessee it is start anything I can do after his death and contest it and... Read more »
File a muniment of title with the will. Change title and eject the girlfriend. The will control over anything told to the girlfriend.
My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... Read more »
You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other... Read more »
My mother died without a will in October 2018. My step-father is the personal representative and has hired an attorney who began the probate case. I have not received copies of any documents filed in court nor do I know the status of the case. The probate attorney does not return my calls nor... Read more »
The Probate attorney does not represent the interested parties in the Estate. Many Probate documents filed with t he Court do not have to be served on anyone. I suggest you go to the Probate Court and read the File. If it is incomplete, wrong, etc., hire an attorney to represent you.
They can't buy me out and refuse to sell
First, if the title to the house has not already been updated to your names, you need to take care of that. A probate attorney can help you with that.
Then you can hire a real estate litigation attorney to file a lawsuit to force a sale and divide the proceeds among you. This is not... Read more »
Should I do it?
That is probably a consent for Mother to be the Administrator of his Intestate Estate. Apparently there is not a Will, so you are confused. You may wish to hire a competent attorney about what to do now. The type and amount of the assets should be considered. Both of you are Heirs and Next of... Read more »
His grandchildren are stating that I am not biologically his and demand a DNA test. He was married to my mother and is on my birth certificate.I also grew up going to his house every other weekend. I was not close to him as an adult My siblings children claim they never heard of me. I never had any... Read more »
If you are his child, then you are an heir and next of kin. Has an Estate been Probated? Probate would probably be in your best interests here. You will need to hire an attorney to look into it and represent you. Otherwise forget about it, as time is of the essence.
You do not record a Will except a certified copy of a Probated Will as a muniment of title. Wills are filed for Probate. But first you need a competent attorney to analyze whether you should administer an Estate or not.
There was no abuse of any kind she amended her will several times and added and removed me each time.
Thank you!
Yes. You can claim an elective share against the estate and depending on the number of years you were married you can claim a percentage of the net estate.
My mother passed in 2019, with no will and very little assets. An estate bank account was never opened. I did have to file for a small estate affidavit and have a couple of checks she received and her car and truck listed on it in order to receive the vehicles and cash the checks. The small estate... Read more »
That Small Estate Affidavit should be enough for the Bank to honor the check. You may wish to try another Bank. Sometimes Letters of Administration are issued from the Small Estate Probate, which should be your authority to cash the check. If nothing else, contact me.
Yes, If you are named to inherit the real property
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