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"... by the undersigned, _____________, who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument."
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answered on Nov 22, 2022
If you are giving someone a Power of Attorney over you, then you are the undersigned.
answered on Nov 21, 2022
Yes, one can contest the probate of such a will under those circumstances in Tennessee. I would suggest you speak to qualified legal counsel to pursue this action.
My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... View More 
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answered on Jun 8, 2022
This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.
I've been taking care of a family friend for the past 2 years and recently he had his leg amputated. His sister came down from Chicago to visit with him. We both were his medical POA. Until his sister tried to put him in a nursing home far away from anyone. He then took her off as POA, now... View More
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answered on May 27, 2022
You are not legally obligated to hire an attorney to represent you. You can legally represent yourself. However, you will probably obtain a better result and have more confidence with what you are doing if you hire an attorney to help you.
Warranty deed looks homemade from mother to husband and refinanced on same day 2 diferant insurment # now he’s tring to sell I’m her daughtery’ need stop all property
answered on Mar 8, 2022
if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights... View More
He now has his strength back and claims he does not remember the attorney coming to the nursing facility but remembers constantly being pressured to sign his property over prior to rehab. My uncle is 83 years old and never wanted to sign his property over to anyone. What can he do to reclaim his... View More
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answered on Nov 10, 2021
How much Property is involved? Failure of Consideration and Fraud may be factors as apparently he has not been adjudicated incompetent. Was the attorney the draftsman and notary? Many facts and whatever witnesses are available will have to be put together. Time is a serious factor, especially... View More
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answered on Jun 14, 2021
There is no perfect way to protect assets, but the sooner the better. Consult with a competent attorney about risks and Deed options.
My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... View More
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answered on Apr 25, 2021
You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other... View More
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answered on Mar 15, 2021
Your Friend may not need a Will, as his assets should be examined first. A Will would have to be very carefully executed, which may not be possible. Hire a competent attorney to examine his situation.
Signed title to me and has funds to pay nursing home for apx 2 years. She moved to NC.
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answered on Mar 8, 2021
It might be possible, but extremely not probable. She is in NC not TN. I would not worry about it as she probably has forgot about her former property. The only thing that is a possible problem is NC law, not TN. If they really come after it. let them have it.
Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... View More
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answered on Feb 16, 2021
There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.
I am looking for something to have in place to help my mom (who lives in TN) with any financial, health and/or legal issues that may arise in the present and in the future when/if she becomes incapacitated.
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answered on Feb 12, 2021
You will need a duradle power of attorney for legal. You may also need a power of attorney for health care.
My mother is almost 89 with dementia my sister is 70 she lives with mom she also has dementia.My mom has no will or power of attorney. My younger sister and I need help to figure out what we need to do to sell my moms home. Both need to go into assistant living. It will take what money my mom has... View More
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answered on Nov 17, 2020
This is the Tennessee side of Justia. Ask for help from Mississippi attorneys.
My dad had a stroke 4 years ago and had lived in a nursing home until the the day he died. We recently received an estate recovery letter from Tenncare. Since my mother is the spouse, she can live in the house without fearing collection from Tenncare. However, if she wants to sell the house, will... View More
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answered on Nov 16, 2020
Absolutely.... There is probably a TennCare Lien filed at the Register of Deeds. The State will get paid before anyone else. The Mother may be able to Homestead part of it, but it is doubtful. Before she thinks about selling, hire a competent attorney to conduct a title search, and look at... View More
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answered on Oct 28, 2020
Has your father filed for divorce or has his wife filed for divorce? If so, you can petition the court for a conservatorship over your father. If he is totally incapacitated, you would want a full conservatorship rather than a limited one.
He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.
answered on May 26, 2020
I'm sorry for your difficult situation. Your post remains open for a month and you may be better off simply reaching out to Tennessee attorneys here (Find-a-Lawyer) or searching independently on your own. This isn't really a lawyer referral service - it's only a Q & A Board. Good luck
Tim Akpinar
My brother and his wife have medical POA over my mother and are planning to place her in a nursing home “if” she continues to decline. I vehemently disagree and am trying to find a way to prevent them from doing this. My mother does not want this and trusted my brother believing he would never... View More
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answered on Apr 29, 2020
You Mother needs to simply revoke all the POAs. It should be done verbally and in a notarized declaration, which can then be recorded if needed. Now would be a good time.
My Wife's mother lives in Indiana, we live in Tennessee. She is stating that she is able to sue us for Filial Law so that we have to support her??
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answered on Jan 13, 2020
You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to... View More
My land when he said he would not dig up my land and if did would let me know,. He took the chain link fence down 30' that's been up for years without my permission, to bring in bulldozer/grader.for building a drench. he could of taken down his fence since he owns the property . I asked... View More
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answered on Aug 30, 2019
You have a Boundary Line Dispute, and actions for Trespass and possible Tort Damages. You probably need a competent attorney to perform title searches on both properties, and may need a boundary line survey. All of this is expensive, and you will probably recover very little but defend your... View More
I live in Tennessee she is in la.
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answered on Jun 20, 2019
If your Mother is in Louisiana, then that State's laws are controlling. Tennessee has nothing to do with it. Your Mother or yourself should contact a competent attorney in that State. Further it would be much better for a Power of Attorney to be executed in Louisiana, when it will be used there.
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