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This last week my wife and I refinanced our home. The home has closed and we missed the three day right of cancelation. In all, things are good as our refinance saved 10 years and 2% on the rate, but there is a problem. My name is not on the title and it is only my wife's as a married... View More 
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answered on Feb 8, 2021
You have a very legitimate concern, and the lender should not have documented the loan this way, but that is water under the bridge. You can create a new deed from your wife to both of you. Under federal law, the lender will NOT have the right or ability to call the loan due as a result of that... View More
He has 3 sons but they had a strained relationship and they don’t want the house because they don’t have jobs and are not interested in trying to keep it up. I was his legal representative and my mom had power of attorney of the property. I spoke with tax assessor in tutwiler Mississippi and... View More
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answered on Feb 7, 2021
The easiest solution would be to hire an attorney to first get the house titled in the names of your uncle’s intestate heirs (probably his three sons) and then, second, to draw up a deed from the three sons to whomever IS willing to take on the obligations associated with owning the house, which... View More
Is there any way for me to fight for the farm?
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answered on Jan 31, 2021
It is very likely that your dad’s surviving spouse inherited the farm and when she dies it is going to pass to her children, but there is no way of knowing for certain without reviewing the deed and her will. This happens all of the time and it is very sad indeed. This is why it is especially... View More
She inherited her debt from her husband who passed 3 months ago. He was my stepfather but never legally adopted me. Her only asset is this house and land. Is there a way for me to put it in my name and stop the debt collectors from allowing me to renovate and increase value and possibly sell or... View More
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answered on Jan 26, 2021
Your situation is actually a little more complicated than you realize and a full consultation would be required to help you sort this out. Be prepared to provide a copy of the death certificate for step-father, step-father's will (or confirm there was none), mother's will (or confirm... View More
the lien was from over a decade ago and I don't even remember what it was for. I am primary beneficary on her life insurance policies. should I do something in advance
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answered on Jan 26, 2021
After you deposit the insurance proceeds in your bank account, your creditors can get to it. Your mother could have prevented that by naming a trust as the beneficiary of her life insurance policy instead of you individually, but now that she has passed it is too late to fix that.
If you... View More
My brother fells he owns the house, but there are 3 other siblings involved and no Will. 2 out of the 4 siblings want to sell and obtain their share.
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answered on Jan 21, 2021
Hire a competent attorney to determine heirship, then record an Affidavit of such. Then file suit for a Sale for Partition in Chancery,
Father passed and aunt forced me to sign papers by calling me every night till I signed them. It was for property
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answered on Jan 19, 2021
A distribution from an irrevocable trust can be disclaimed, yes. It is always preferable to seek legal counsel before you sign anything of legal significance.
Dad is 88. We have lived together now for 14 years
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answered on Jan 5, 2021
Unless you have a power of attorney from you dad, you do not have the legal authority to transfer his home to yourself. Even if you do have a POA, it would need to be closely scrutinized to determine whether you have that kind of authority. Finally, there are pros and cons to making such a... View More
Longer Valid after death. There is roughly 100k in a bank account with no POD or anyone else on the account. The only other thing he owned was a paid for vehicle worth about 5k. And only has approximately $1,000 in debts. How do we go about removing the money to split between the two of us?
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answered on Dec 27, 2020
That amount of money will require a full probate before the bank will release the funds. You would be best served by hiring a probate attorney in your area to assist you with this. You are correct that the POA is no longer valid after death.
he died at age 24. i raised him. had legal custody.. ofc he had no will. he has money from shares in stock coming. his mom refuses to deal with it. can i be the executor? if not how long before it would go to unclaimed property? its been a year since his death..
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answered on Dec 22, 2020
If his mother does not step up to probate his estate then you can certainly step up and file a petition and suggest yourself as the administrator. There is a good chance that you would be appointed. The court would prefer to appoint someone who is familiar with the estate and is willing to serve.
She also has an IRA for $20,000 approximately and $20,000 in the bank. Do we have to probate? McMinnville, Tennessee. There is a Will and two other parties in agreement.
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answered on Dec 22, 2020
If those are the ONLY assets of your mother’s estate, then you can probably get them transferred to the beneficiaries according to her will without going through a full probate. You should hire a probate attorney to assist you.
My partner of 20 years died suddenly. We never married but planned to next Spring. All of our assets are jointly owned with rights of survivorship except the house (approx value $170,000) which is in his name. House it fully paid for, no mortgage. He does have a will naming me as both executor... View More
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answered on Dec 16, 2020
You probably do not need a full probate, but the answer does depend on exactly how the will is worded. Most likely you can use a simplified court-administered process use the get the will recorded to evidence your ownership. A probate attorney in your area can help you with this.
My aunt took my mothers personal belongings and said she would distribute them half and half to me and my brother that was years ago she will not answer my calls. I would just like some of my childhood pictures in my mother’s belongings to remember her by. But my aunt refuses to give anything to... View More
answered on Dec 1, 2020
You should consult with an attorney to determine your options. You may need to open an estate to probate assets or file a civil warrant for possession. But only after a proper consultation could an attorney give you counsel on what you can do.
In the will it says that my boyfriend and his sister are supposed to receive money from the sell of the grandmothers house. His aunt sold the house and is keeping the money for herself is there anything they can do?
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answered on Nov 27, 2020
Is the Will Probated? If not, then the aunt may be the sole heir and entitled to sell, etc. If Probated, then check the Probate File out at Court. Hire a competent attorney to move for disbursement of Estate Assets, and/or Removal of the Fiduciary for cause with an Accounting.
For eldest have that position. There's no will but my 2 siblings wanted to sell the house. It sold, at auction a week ago in Tennessee. How long till I receive my third of the amount sold for? My brother said 30 said iut less from sale date is closing in the sell but that he's not sure... View More
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answered on Nov 27, 2020
Rarely does real property go through an Estate except to pay bills or a specific bequest in a will. Apparently you three agreed to sell the property. But since you filed Probate, there may be claims against the Estate. Check the File at Probate Court for Claims. If the Estate is solvent, you... View More
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answered on Nov 24, 2020
Generally the trustee has great discretion as to whether trust distributions are made or not. Read the Trust itself and the relevant Tennessee Statute. If you feel you are being wronged, hire an attorney to sue the Trustee for breach of fiduciary duty as the beneficiary.
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
answered on Nov 6, 2020
I would speak with the attorney for the executor and let him know that you need to pay rent. In Tennessee real estate is not necessarily under the control of the executor. It depends on whether the real estate was made subject to the executor's administration of the estate. If it was not, then... View More
My mom has a DPOA with an Article of nomination of guardian and conservator. Her attorney-in-fact is trying to inform me that since her DPOA is filed nothing legal can be done without their consent. Under this DPOA, does the principal have the right to make any changes to any of her legal documents.
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answered on Nov 3, 2020
The Principal can revoke the outstanding Durable POA at anytime. She does not need anyone's permission. It sounds like your Mother needs a competent attorney immediately. I advise monitoring any transactions being made for the attorney in fact's benefit.
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answered on Oct 26, 2020
What is your question? Keep in mind that if the Will is not Probated, it has no effect, and you Father dies Intestate.
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