For over 25 years.... My grandma use to be on the deed to the house is she still? And is it still her house?
You'll have to look at the deed to determine who owns the house. If they are divorced and she's not a title holder than the house would pass to the next eligible heir by statute. Consult a local attorney to determine what options, if any, you may have.
Does everyone have to agree? They told us if one person votes no, then we can’t buy it until auction.
Unless they already have a co-tenancy agreement in place that allows for majority rule, no, majority rule does not work. All must agree to sell.
It is highly unlikely that they already have a co-tenancy agreement in place. If they did, it most likely would have been prepared by an... Read more »
Children were minors at time of death, but now adults. There are no creditors. The home was never put into probate. Children are both parent's children.
More than likely the home was owned as Tenants By The Entirety, where the survivor takes the fee. So the surviving spouse had individual title, and the issue nothing. Home would have never been in probate estate since no insolvency. If title was not in the husband and wife, then there may be a... Read more »
rental or lease agreement. How do you go about getting them evicted so property can be secured? How much time is given to the individuals to move out once served with eviction notice?
Either the Administrator or the actual Heirs at Law need to file a Detainer Warrant immediately. Hire a competent attorney to get it going. The Detainer must be filed, served or posted, a Judgment for Conviction procured, and if the occupants are still there 10 days after the Judgment, a Writ of... Read more »
getting eviction notice done and served? How much time is given to the family to evict?
Your daughter should engage a landlord-tenant eviction attorney to help her carry out the process of eviction legally. The amount of notice that must be given to the existing tenants depends on the duration of the lease.
No, assuming your brother predeceased your parents. The laws of intestate succession in Tennessee only take into account blood relatives.
If your brother survived your parents but died before their estate was fully administered, then there is a chance his wife would inherit his share.
I had life estate along with wife on property in divorce the judge ignored the life estate on me
What is your question? It appears that you lost the Divorce, and your only alternative is to file a timely Appeal. There was nothing wrong with the Deed as you describe it. And I would presume the Daughter has the Remainder still subject to the Wife's Life Estate.
I was put on probation for 2 counts of Sexual Battery, during my probation period I was able obtain unsupervised probation. There was one probation officer that did not like me and was always trying violation me. While on unsupervised few months into my my probation was to end. She was able to... Read more »
I think that you need to obtain a local attorney to investigate the matter. It is difficult to know all the facts online.
No debt, only personal items. My husband has a bill of sale for a vehicle he bought from his best friend. His friend is elderly and has since passed away before he was able to locate and sign the title. My husband took possession of the vehicle after his friend's passing as he had paid the sale... Read more »
No probate possible with no assets. Let daughter try to file suit or probate it, where you would make a claim against the Estate. Title may be difficult, but a lost title application may suffice. You are far too worried about this.
4 months into my end date of Probation, Former probation officer told me I was going be violation for having Social Media. ( Judge did Grant me access to internet for educational purposes, and had a written notaries letter from my former College teacher that stated it was require have Social media... Read more »
There is a good chance that you will have to serve some or all of your remaining Sentence. Hire a competent attorney to lessen the damage. Pay all costs to the Court prior to the Hearing.
I’m sole heir of a house in Tennessee. It’s not part of probate. Creditor notices have been published, 4 month waiting periods ends soon. We’re pay two attorneys now and still can’t get a firm answer. The buyers closing atty states it is ‘TN law’ that he cannot release the proceeds... Read more »
Why did you file Probate? You may have needed to, or you may have wasted alot of money and time. But any creditor can actually claim against the Estate up to one year from death of the decedent. You should have considered this initially, and may have instead sold it to a cash purchaser. If... Read more »
Has it been at least a year since your mother passed? They might be waiting for all potential claims against your mother to expire. In the meantime, those proceeds must be kept available to pay claims. You will probably need to provide a TennCare release too.
FYI I believe reasoning for reopening is additional funds to administer.
You can be held in contempt of Court, or removed as Administrator. It is possible that some of the actions you have taken will be set aside.
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 »
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