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answered on Sep 22, 2023
In Tennessee, if your mother passed away and your stepdad never updated or prepared a new will, the existing will would generally still be considered valid, as long as it met all the legal requirements for a will at the time it was created. This means that the assets would be distributed according... View More 
My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?
Thank you,
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answered on Sep 14, 2023
Are there any title problems, such as claims against your Deceased Husband? If so, you might not have merchantable title. And many title co. will require an unnecessary Probate which takes more than a year to close. Was earnest money involved? If so, give that back. The buyer suing you for... View More
My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?
Thank you,
answered on Sep 14, 2023
I am so sorry for your loss, and you are in my prayers- I have not lost a spouse- so I cannot appreciate fully your loss.
As to your question- you have done well not to post on the internet a lot of details - but at the same time without more details, it is hard to give much help. The... View More
She has a Will, my stepbrother is the executor. The policy was not mentioned at all in the Will.
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answered on Aug 28, 2023
If you are the named beneficiary of the AD&D policy, then the proceeds are payable directly to you, bypassing the probate estate. The check should be made payable to you and then you deposit the check into your personal bank account. You make a claim by calling the company and letting them... View More
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answered on Aug 25, 2023
There is no legal requirement for the settlor of a trust to tell anyone about the trust being created. In fact there are many secret trusts, and oral trusts can sometimes be enforced in TN with clear and convincing evidence. Title searches on properties will often disclose conveyances into a... View More
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
Adverse Possession is very real, especially under color of title. Hire an attorney to search both title. The mobile home may have been an out conveyance before you got an estate. Taxes must be checked closely. You did not mention how many acres or County. A Detainer Warrant or an... View More
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
It is possible that you are left with only an expensive, difficult Ejectment action. However you might get away with a Detainer if they do not fight you. Hire a an attorney now to investigate and draft a suit in Chancery. Hopefully you do not have a boundary dispute.
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
If the life estate holder rents or allows the mobile home there, then you have problems. LE has a present right of possession until it is terminated and your Remainder vests in possession.
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answered on Aug 10, 2023
Not sure of your question. But has an inventory been filed? If not then you may wish to move the Court to remove the executor for cause. But be prepared for a lawyer or even you to get appointed the Estate Fiduciary. He and his lawyer do not represent you, but there are various statutory... View More
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answered on Aug 10, 2023
If you believe the executor of an estate is not fulfilling their responsibilities or communicating effectively, there are steps you can take. First, review the will to understand your rights. Try to communicate your concerns with the executor and request information about the estate's... View More
Mother passed away left nice house to three daughters one of them executive of will and she just want to sell for whatever. Doesn't all have to agree on price.
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answered on Jul 28, 2023
Has a Will been filed for Probate? If so then read it. If specific real property is devised to the three daughters, then all three own as tenants in common. If not, the executrix may have the authority to sell assets and distribute the net proceeds to all beneficiaries. If she has the power... View More
On June 2023 my mother passed on leaving a truck and van in her name brought by my father years back. I have a problem with 4 siblings. All siblings are not related to marriage of mother and father they are from different marriages. I wasn’t born yet when they got married and now I am heir in... View More
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answered on Jul 28, 2023
If your mother died single (widowed) and is survived by any descendants at all and did NOT have a will, then her heirs at law are her then living biological and adopted children and descendants of any predeceased biological and adopted children. Stepchildren of your mother are NOT heirs at law if... View More
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answered on Jul 27, 2023
Call any attorneys that the Decedent might have used. Call the County Probate Court where the Decedent lived and check if any Probate proceedings have begun. Look through the Decedent's papers, safes, desks, etc. If nothing else, file an intestate administration in the appropriate County.
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answered on Jul 24, 2023
If your unresponsive relative is unable to make a decision regarding power of attorney, you'll need to go through the Probate Court. By petitioning the court, you can be appointed as their guardian and/or conservator. Guardians are responsible for the relative's physical wellbeing,... View More
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answered on Jul 25, 2023
Not Probate Court but Chancery Court in TN. As a relative you need to file a Petition for a Conservatorship. It costs money and time, but if you do not, that brother/attorney in fact will steal all mom's assets. As Conservator, revoke the POA, and ask for an accounting. Notary might get... View More
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answered on Jul 19, 2023
Was the Will filed for Probate? If not, it has no effect. If Probated, then the executor should have transferred the property to the legatee with a Receipt. A motion can be made in Probate Court, or an Action to Recover Personal Property in Sessions. If there was a Bond, a claim could be made... View More
My brother is wanting me and my other oldest brother to sign an instrument and I'm not sure what it means. Remind you this brother has been extremely rude and has left very disturbing messages to me and my oldest. He is wanting everything or nothing pretty much and I feel as if it should be... View More
answered on Jul 11, 2023
Very sorry to hear of your loss and your brother's behavior at this time. You really need to contact a PROBATE LAW attorney in your area right away, particularly if your father had any substantial assets like a house. Justia really isn't a place to get legal services, there are many... View More
I have been paying the mortgage for her for years and the cash is to be split between 3 children. Do I need to go through probate? What should I do with the mortgage company? Do I need to let them know or can I just continue to pay the mortgage? There is a will in place.
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answered on Jul 10, 2023
You should contact the lender and let them know your mother passed and you are the successor in interest, so that they will start sending the monthly statements to you. (They will require a copy of your mother's will, at a minimum. They might also require a final order of distribution or... View More
My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More
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answered on May 12, 2023
Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... View More
My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More
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answered on May 14, 2023
This question demonstrates a problem with relying on beneficiary designations as an estate planning technique (yes, even for life insurance). When more than one person is named as a death beneficiary, with nothing more, there is an ambiguity created as to what should happen if one of them... View More
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