If I am joint owner of Mom's banking account will the court order that also to be split?
There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it... Read more »
answered on Jun 27, 2022
If you are the Joint Owner, then the Bank Account is yours and does not go to the Next Of Kin. Who the Heirs are, of which Decedent, is something you need to talk to a competent attorney. Title needs to be searched, and Heirs determined. The paper may or may not be a Will. If not Probated, it... Read more »
There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it should be split equally between my brother and me. But I am told it is not a valid will. Would I not... Read more »
answered on Jun 27, 2022
When a person dies without a valid law, heirship is determined by the laws of intestate succession. It sounds like your mother was single when she passed. In that case the estate is split into one share for each child, living or deceased, unless a child died without any living descendants of his... Read more »
For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... Read more »
answered on Jun 23, 2022
Surviving Spouse is a Heir At Law under TN's Intestate Succession Statute. Also a Surviving Spouse has various rights in the Decedent's Estate under the Probate Statutes. You are confused with Divorce laws.
For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... Read more »
answered on Jun 27, 2022
That is a good question because the surviving spouse's share is different depending on whether or not there is a will. If there is no will, like my colleague Mr. Avery stated, the surviving spouse's share is determined by the laws of intestate succession. At the risk of oversimplifying,... Read more »
I believe my brother overlooked an entry.
answered on Jun 14, 2022
You will have to ask your father for a copy. He is the only one that has the authority to release the original or copy of his will, for as long as he is alive.
If so, I assume you have to first deed it to the trust and then deed it to the beneficiaries before selling, correct?
Thanks!
Creditors have been notified about the probate. If they chose to respond, will they reply to the attorney's office? If they do not respond, will the debit still be required to be paid?
answered on May 23, 2022
Some creditors (like TENNCARE) do not have to respond, and yet must get paid and released. Most creditors will have to perfect their claims with the Probate Court, but some can file up to a year from date of death. Some unperfected claims will be denied. Your attorney should have told you this.
I sent several emails that have gone unanswered. I have been in the office and still get frustrated blank looks. I hate to start over since the process has already begun, but I’m at a loss as to how to my questions answered.
answered on May 23, 2022
If a Probate Case has not been filed yet, then you need to determine if Probate is necessary in the first place. An analysis of the properties involved must be performed first, and it sounds like you may have jumped straight to Probate just because you thought you had to. If the Estate is being... Read more »
He died without any insurance I was trying to get the money to go toward his funeral expenses. I’m his biological son
answered on May 5, 2022
You can check to see who are the authorized signatories on the account with the Bank. But if he owned it individually, noone else has access to it right now. Sometimes a Bank will consider an Affidavit of Heirship as evidence of the Next Of Kin entitled to the personal property. Otherwise you... Read more »
answered on Apr 28, 2022
Not sure of your question. But if they have no source of title, then the grantor cannot convey. There could be a felony involved for a totally wild deed. But worse they may claim some authority, and you will have to file a very difficult, expensive case in Chancery to set aside the fraudulent... Read more »
is on DEED.
answered on Mar 29, 2022
Typically a home title is "updated" using a deed, but the proper method depends on the reason for the "update".
A real estate attorney or title company can help you research how title is held. Regarding probate, your question is unclear.
You refer to... Read more »
My brother passed away with no will and me and my two sisters are the heirs. He left no will. We agreed the one sister would be Executor and have signed papers back in Feb. but because she lives out of state, we are still waiting for approval and probate to begin.
She is making bad... Read more »
answered on Mar 29, 2022
It does not sound like Probate has been filed yet. If not, you can Petition the Court to be the Administrator. If Probate has begun, then you can file a Motion To Remove her For Cause. But initially you need a competent TN attorney to examine the assets and determine whether Probate is... Read more »
home into my name to sell. Only creditor is mortgage co., I am surviving spouse, no children living. What do I do NOW? If mortgage files a claim, does that mean I have to pay it off before I can sell?? Confused senior lady appreciates answers. Is in Probate, I am administratix of estate (such as... Read more »
answered on Mar 28, 2022
There are too many facts missing to answer your questions. There are no one-size-fits all answers. But you might find some general rules helpful.
First, as a general rule, real estate is not a probate asset in Tennessee, but there there are some pretty huge exceptions, so you should... Read more »
I’ve lived here for 6 years and she passed last month. The estate is in probate. My brother and I are administrators over estate. He’s not seen my mother in 4 years.
answered on Mar 19, 2022
Yes as he is apparently an Heir as well as an Administrator. But I doubt the real property is part of the Probate Estate.
answered on Mar 13, 2022
If you have exposed it to the market for a reasonable period of time and it has not sold, that suggests that the price is too high. Maybe try lowering the price.
Warranty deed looks homemade from mother to husband and refinanced on same day 2 diferant insurment # now he’s tring to sell I’m her daughtery’ need stop all property
answered on Mar 8, 2022
if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights... Read more »
I am the executor of the estate. the home is worth about 170000
answered on Mar 7, 2022
Consult with a competent attorney about whether you need Probate or not. This is a public forum. It is doubtful Probate is needed here.
She was on Medicare and debt free except for some final hospital expenses. Can we change the deed over to our name to begin renovations or does it still need to go through probate? Thank you.
answered on Mar 2, 2022
You have something mixed up: either she conveyed it to you and your wife; or died owning it. If she did not deed it already, then it is owned by her Heirs. In that circumstance, hire a competent attorney to search the title, determine heirship and record an Affidavit of Heirship.... Read more »
If I am 1 of ten heir's to a estate worth 1.8 million does that mean I will be getting $180,000
answered on Feb 27, 2022
The percentage share of each intestate heir depends on degree of kinship and how many heirs there are at each level of kinship. A probate attorney can help you chart it out and determine your percentage or fractional share.
My cousin is the Trustee and I have been in prison for a few years and don't know if there's a will or what to do. Advice would be greatly appreciated.
answered on Feb 19, 2022
Your question cannot be answered without reviewing the trust and the deed, but chances are there is not a whole lot that needs to be done with respect to the titling of the property. The wonderful thing about holding land in a trust is when the settlor passes no probate is necessary.
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