The stock is in another state and is a private family owned company. Does her will need to go to probate or can this be handled without going through probate? The company knew her wishes and has given him all information on the stock, they just say they need a paper from the court.
Probate should be avoided when possible. But this situation might require the same. It might qualify for a Small Estate Affidavit, but a recorded Affidavit of Heirship/Next Of Kin might provide all the source of title he needs. You have not stated many needed facts, so I recommend you consult... Read more »
She owned two pieces of property, which were in her name alone, one of which has a house with a mortgage loan that she still shared with her ex-husband. He is also the executor of the will and sole beneficiary. I paid for her funeral expenses and have filed a claim with the probate court for the... Read more »
Apparently the spouse made a huge mistake filing Probate if only two parcels are the only assets. But since you filed, you should read the file and see if any assets are listed in the Inventory. If no Inventory, file a Motion to Remove the Administrator and possibly apply to administer yourself.... Read more »
He was found deceased in his home after being dead over a week, along with water damage turning into mold and fear of his passing being from Covid. His brother and I could not locate a will in his apartment. We did visit his bank to notify them of his passing. The only information we got in return... Read more »
What is the probable size of the Estate? What kind of properties? Did he have alot of creditors? These are questions for a competent attorney, not for what you think is the correct thing to do. You might need to file Probate, and you might not. Do not initiate Probate unless you think you... Read more »
Spouse used my mother’s credit card after her death for funeral and vacation. His name was not on the cards and he wasn’t an authorized user.
Most likely such action is fraudulent. I am fairly sure that only authorized users may legally use credit cards. Such action may violate state and or federal law. If you inherited money from your Mother's estate such action by her spouse may have improperly diminished the estate and affected... Read more »
Do we have to put it our name first? Want to sell as is.
I recommend hiring an attorney to draft and record an Affidavit of Heirship. Then sell the property. If the purchaser and his title company demands Probate, then sell to someone else. Do not execute a TN Residential Disclosure Statement as you have no knowledge of the actual condition of the... Read more »
It sounds like you are inquiring about real property owned by the estate of a decedent that died without a will. (If the decedent had a will, an affidavit of heirship is not appropriate.)
If the decedent did not have a will, an affidavit of heirship is one way to administer the real... Read more »
My younger brother is in jail and has been for awhile that’s why I haven’t put anything in probate yet. My parents didn’t have the chance to put the property in their names before they passed away so it is still in my grandparents name and they have passed away along time ago. My brother and... Read more »
Hire a very competent attorney to Search the Title, then draft and record a complex Affidavit of Heirship as the Heirs' At Law source of Title. Someone has to pay taxes. Possibly the others might Quit Claim Deed to one Heir. Insurance has nothing to do with the land.
The house is in probate and I was named executor by the court. His wife will not sign for the sale of the house I know she is entitled to a percentage under Tenn law we have been to court several times and she agreed to list in real estate but won’t ever sign the sellers agreement so we can’t... Read more »
You say no Will but you are the Executor? Something is wrong, and I bet you are the Court appointed Administrator. You should never have filed Probate in the first place. The house probably is not in the Probate Estate but passed to the Heirs 5 years ago, unless this is an insolvent Estate. A... Read more »
husbands mother died 2016, will was sent to probate, my husband died 2019 and his moms probate is still not closed. her probate attorney refused to talk to me even though my husbands will left me everything. I filed his probate in 2019 and had to claim real estate that he didn't own. i still... Read more »
There is no time limit, but it is almost impossible to properly close an Estate in Tennessee in less than fifteen months (some claim to). Who are the Deceased Mother's Legatees/Devisees ? They all should at least look at the File at Probate Court. That may explain the delay, although four... Read more »
He had property and 2 cars 1 worth about 38000 and 1 worth 7000 the will is in probate but she has sold the 7000 one I have lived in one of his houses for a year and a half. Can i contest the will to keep her from stealing all my sons estate
Anybody can contest a will but there is no guarantee of success and it will be expensive. If you think you can prove fraud or undue influence on the part of the girlfriend then you should schedule a consultation with a will contest attorney without delay. If you wait too long you can lose your... Read more »
it has been ongoing there is a settelment on the table but i dont know anything about it will i be held responsable for any monies if i dont apear i have rcvd nothing from the estate how do i defend againdt this action
You should have an attorney review the summons and complaint
TCA § 30-2-324. Court order dismissing probate case
(a) After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the... Read more »
We need help ASAP
I am sure there are attorneys that may be able to help you/your fiancé with this legal issue. What you are describing here could be a case in which a partition action is the best legal option. In a partition, a court orders the sell of a jointly owned property and divides the proceeds among those... Read more »
Can they ask for a detailed accounting from the clerk ?
Then the Executor/Administrator must do his job and file a Final Accounting with the Court. It lists assets, debits, proposed fee awards, etc. Probate is not for a pro se representative. You need a competent attorney to represent you and help close that Estate.
It depends what the old will says. If your dad's wife had a former spouse listed in the will then the disposition or appointment of that property is revoked. As a spouse married for three years, your dad should have rights to a 20% elective share of the net estate. You should hire an... Read more »
Father was to sick to change will after DNA was taken .
Yes. So long as you have standing to contest the will - meaning you would have inherited if there was not a will or if you were in an earlier will. You will need an attorney to represent your interests.
If return, how and where to send if keep, how do I cash or deposit it?
I recommend doing nothing with the check. It is intended to go to your father to help with any financial difficulty during Covid-19. You could try to contact the IRS but no one is likely going to take your call . It would be illegal for you to personally cash the check and put it in your account... Read more »
My grandpa had lung cancer was very wealthy and told me and my mom all my life is always be taken care of. He said before he went to the va, before he got really sick, that he thought his brother was going to do something and he made sure nobody could get what I was suppose too. I have a copy of... Read more »
You may indeed have a Will Copy that should be Probated. And of course that will involve a Will Contest. But you may have waited way too long. Was there actually a Probate of the Will which disinherited you? The insurance probably had nothing to do with the Estate. You need to contact a... Read more »
Attorney named was hired by beneficiary to file ‘motion order sustaining right to contest’
That is a Bond payable to the other side or parties for a Will Contest to commence. Not exactly sure of your factual situation, but it sounds like the beneficiary is contesting the Probate of a certain document proffered as a Will. The Probate Court must certify that there is a Will Contest,... Read more »
Check with the Department of Safety. She should be able to get another Tennessee Drivers License online. She might also get another Social Security Card the same way with the SSA.
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