Some necessities and medical bills can be asserted against the surviving Spouse. But if no Probate Administration, it will be difficult for the Creditor even find a Defendant to serve. If the Decedent had real property, a Judgment Lien could be a real problem.
Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... Read more »
Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a... Read more »
I was served with a summons by my stepdaughter
Usually real property is not an Estate Asset. But this might be an Insolvent Estate. Deceased Petitioners can receive a Chapter 7 Discharge, which might help the Estate be free of Claims. If the property is valuable, you will need to hire a competent attorney to look into this as it is... Read more »
Hopefully nobody has filed that document for Probate. Then a good lawyer can provide a source of title for the existent Heir. If Probated there is a statutory process for searchng for heirs, which is expensive and difficult. The Estate may not be worth it, and whoever filed it for Probate... Read more »
Can I make them provide receipts for charges? Also, he had some vending machines at their business with a partner. They are claiming after 15.years that he doesn’t own them and are keeping his proceeds and still sending the partner theirs. Is this legal?
The creditor has the burden of proof for a debt. And as the Administrator you have standing to sue for breach of contract, which is going to be hard to prove, and you have the burden of proof. You will have to have a competent TN attorney and time may be working against you. You will have to... Read more »
My father died 5 months ago and my mother is being told by her bank that she must file a small estate affidavit with the court before they will give her a "gold seal" that she needs to receive earnings from some stock my father owned. She has received conflicting stories from every... Read more »
The assets that are counted for determining whether the estate is under the small estate affidavit limit would NOT include the "jointly" owned house or vehicle, but there is a process that needs to take place to get those retitled.
The personal property and bank accounts of the... Read more »
We were being sued by my sister which she thought we stole money from my mother when she lived with us. this is not true. we browed money and mom knew about and came up with agreement which this paperwork was not admit in because we did not have anything with us because we did not know at the... Read more »
If within 30 days of entry of the Judgment, you might file a Rule 59 Motion To Alter or Amend with the Probate Court. Later you might consider an appeal, but first you want the trial court to hear that you actually borrowed money and were paying it back. Hire a competent attorney as you need a... Read more »
With him at time of death. Can’t locate a Will. His girlfriend is making it seem like she doesn’t want me to look through anything or take anything. What rights do I have and she have? She still at his house.
Absent a will that leaves things to her, your dad's girlfriend has no rights. You need to hire a probate attorney right away to get a probate case started in order to transfer assets to your dad's heirs, his children. The court-appointed executor may also need to hire an eviction... Read more »
My sister lived in the house here in TN but has since moved to FL. Me and my husband want to renovate it and move in. We need the deed in my name to get the loan for renovations. We were told probate will take up to a year even though my siblings will not contest the will.
It sounds like you already have a probate open, so this question really should be directed to your probate attorney. Your probate attorney will need to ascertain whether the will brought in the house as a probate asset. Some wills do and some wills don't. If the will is silent on this, then... Read more »
I have lived here for over 3 years. The man signed a contract for me to register deed upon his death in lieu of work performed on call 24hra/7days a week. He wrote a will 3 years ago to prove his intent and disinhereted his only adult child. I am executor and beneficary. He has no one that visits.... Read more »
The daughter is apparently taking the position that there was no will and so she is the sole heir and title vests in the heir(s) automatically at death and, therefore, according to her reasoning, she has the right to evict you. You need to take the will to a probate attorney and open a probate and... Read more »
I'm just wondering what rights I have as her daughter
It sounds like your mom died leaving a surviving spouse and two children born to her. If there were no other children born to her, living or deceased, and she had no will, then you, your sibling and her surviving spouse each inherit one-third of her probate estate. Keep in mind that some assets... Read more »
I have been back in Tennesse for 15 years living still today at the same residence, my aunts property. She has always told me and others that if not all half of the property was mine. Well deed was in the sister name. Am I able to still get my half.?
A title search might disclose another owner besides or in addition to the Sister. If Sisters', have you been paying taxes? If so it may be difficult for the Sister to eject you. Detainer Warrant SOL is 3 years, and adverse possession may exist after 7 years. If you want to stay there,... Read more »
My brother and I are the only heirs per the will. The house will have to be sold per judge. I have recently married and want to change my name. Will this muddle up things legally?
It should not be a problem. As the executor you write the beneficiary and estate claim checks. It would be easier to keep using your name given on the Letters Testamentary, but if there is a problem you should be able to handle it. Keep the Court and Bank informed, and carry a copy of your... Read more »
Unfortunately TN SC has ruled a tax is not a claim against the Estate. The SOL may have run on collection of taxes, or there not be property of the deceased taxpayer to collect from. Hire a competent attorney to assess the situation since apparently you do not have an attorney handling the... Read more »
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.
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.
