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Who currently owns the assets of my deceased mother's irrevocable trust, which includes a residential property and a rental property, established in Tennessee? The trust names three qualified beneficiaries. One of them acts as the sole trustee and has taken responsibility for maintenance,... View More 
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answered on Mar 20, 2025
It is very possible that the Settlor's death is irrelevant to the Trust, such that the Probate Estate does not include Trust Corpus. The Trust probably continues in existence, since most irrevocable trusts are declared so they continue past the grantor's life.
I was married to my husband, Robert Edwin Atchley, for 37 years until he passed away during surgery. Since his passing, I've faced hostility from his family, who have stated I'm no longer recognized as part of the family and have refused to support me financially, despite my ongoing... View More
answered on Mar 13, 2025
In the State of Tennessee, a will must have signatures from 2 witnesses that will attest that the person is of sound mind and body. Some of the better wills have a notary sign off on the person's signature and the two witnesses. An amendment to a will is a codicil. For a codicil to be... View More
I paid the property taxes on 2 acres my brother-in-law owned in Nashville, Tennessee, after he died (in 2020, 2021, and 2023). The property is currently in probate. It is recorded in both the tax and probate records that I paid these taxes. The property is supposed to be auctioned, but there's... View More
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answered on Feb 24, 2025
You may be able to file a claim against the estate. It may be late but whoever the representative is might not file an objection, especially since you have materially assisted the preservation of the real property. You might want to look into what a perspective bid at a tax sale might be... View More
I am a beneficiary of a will from Knoxville, TN, and I believe the will was originally executed in fall 2021. I received notice about being a beneficiary in spring 2022 but haven't received a copy of the will or any communication from the executor. I'm currently living in the UK and am... View More
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answered on Feb 19, 2025
Has the testator died? If not then your inquiry is premature. If a will is filed for probate then the executor must send a copy of the will to all interested parties and certify the same to the Court. If you think there should be a will contest, then you will need grounds. witnesses and a... View More
I inherited a property on January 31st, 2024, and sold it on November 22nd, 2024, for $176,000. I made no significant improvements to the property, and I'm unsure if the buyer did. I didn't have an appraisal or receive professional advice on capital gains. How do I determine the capital... View More
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answered on Feb 15, 2025
You need SOMETHING to show to the IRS, in case you are audited, proving the value on the date of death. It could be a formal appraisal, but for something like this you might get away with a simple broker's opinion of value. But the more time that goes by the harder it will be to create this.... View More
If a will contest has been filed in Tennessee but has not yet gone to court, can the contesting parties withdraw their case and still inherit under the will?
Additionally, if their contest has caused delays without presenting any evidence, should I file a motion to dismiss the case? Would... View More
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answered on Feb 8, 2025
The contesting parties as plaintiffs can certainly voluntarily dismiss their Will Contest action by a written Notice to the Court and with service on all Parties. However they may be liable for unpaid Court Costs under their Bond filed in the action. A proposed order should accompany the notice... View More
He got temporarily remarried in late 2012?. Said he wanted me to have one fourth of the sell of his cabin and he was letting my half sisters be over the sell. The girls sold it in 2013 for 168k and they never gave me a penny. He's still alive and recently been put into hospice care in FL.... View More
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answered on Dec 2, 2024
I know of no cause of action that has a long enough statute of limitations for suits against any of them. If you are an heir to any real property then you can sue for partition. Search titles to see if anything still in the family. Sometimes conveyances are made which forgets about some of... View More
His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More
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answered on Nov 9, 2024
Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More
A portion of property from original property was quite claim deeded to persons that are now dead . How to go about getting that piece of land back
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answered on Oct 25, 2024
There are too many facts missing from your narrative to answer your question in any definitive way. As to each name on the deed an attorney would need to know if the person died testate or intestate, where he or she died, whether the estate was ever probated and where, if the death was recent... View More
I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More
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answered on Oct 22, 2024
You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More
When my mother passed recently, she had a loan and credit card that totaled about 22K. Around 100K mortgage remains on the house, and I am making payments as a Successor in Interest. I plan on having an estate sale to help fund the estate account. It may not cover all of it. I live in another state... View More
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answered on Oct 9, 2024
If you have not filed for Probate, then do not without the advice of counsel. You probably do not need to, which will attract creditor claims. Hire a TN attorney to search the title, determine heirship and record an
Affidavit of Heirship. As one of the owners, or the owner, you can... View More
The lawyer told me I had to fill out paper work before they would disclose any info about the probate case. The paperwork turned out to be a bond waiver. Do I sign the waiver and how can I find out info on the case and the parties involved
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answered on Sep 8, 2024
You don’t HAVE to sign the bond waiver. If you trust the proposed executor then signing the bond waiver helps the case move along more quickly and cheaply meaning more money left over after expenses for heirs to inherit. But if you do not trust the proposed executor then you should not sign the... View More
theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More
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answered on Aug 2, 2024
You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.
I filed a premature motion for reimbursement of contributions. Within it I proved misrepresentations and oversights that led to the Judge's prior ruling to partition my home by sale. The Judge urged me to get an Attorney. He said I could possibly get a Review of the case. 90% of Attorneys will... View More
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answered on Jun 24, 2024
Whatever lawyers you talked to were incompetent. Partition Actions allow attorney fees for both the plaintiff and the defendant BY TN STATUTE. As long as there is a feasible, economic result of a forced sale, the attorneys get paid before their clients. Apparently you are too concerned with... View More
I am having trouble getting an attorney now because I only have the Will on my phone after my house fire. Both daughters signed the Will. Also do I have any rights since the Will states I am to remain in the house. 1 month after our divorce we moved to Tennessee and the new home he bought but I... View More
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answered on Jun 10, 2024
Nothing illegal about a Affidavit of Heirship which is true a that time. You may be able to file a copy of the will and probate it in solemn form, but it will be difficult and expensive. Unless there is alot of acreage, pursuing an interest in the property may not be worth it. If you do not... View More
I am having trouble getting an attorney now because I only have the Will on my phone after my house fire. Both daughters signed the Will. Also do I have any rights since the Will states I am to remain in the house. 1 month after our divorce we moved to Tennessee and the new home he bought but I... View More
answered on Jun 10, 2024
If the Will was signed before your divorce, your ex's appointment of you as executor is void and whomever he appointed as alternate would be entitled to the position. In addition, anything he may have left to you in his Will, including the right to remain in the home, passes as if you died... View More
Do I have rights to have deed changed in my name
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answered on Jun 2, 2024
The answer to your question is it depends on a lot of other things, but the bottom line is a probate attorney can help you with this. You should schedule consultation and be prepared to answer questions about whether he was still married to someone else, whether he had other children besides you,... View More
I am the only living blood relative and I signed her death certificate. How do I challenge the probate or find information about another will.
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answered on May 22, 2024
Has any will been filed for Probate? If not you can petition the Court to Probate her Estate as Administratrix. Then if any Will comes up, at least you will be ready to contest it if grounds can be proven. If a Will has been filed, then either contest it or give up. Hire a TN... View More
there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?
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answered on May 22, 2024
An attorney would need to actually see the wills in order to render an opinion as to validity, and ultimately the probate court decides whether a will is valid, but based upon what you stated, they are most likely not valid. In Tennessee, as in most other states, two witness signatures are... View More
there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?
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answered on May 22, 2024
The possibility of Holographic Wills might be present if handwritten. But two Wills identical implies a contract to make both Wills. Unless there are serious reasons to file Probate, Intestate Succession is probably what should happen here. Consult with a good lawyer.
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