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answered on Jul 24, 2020
I doubt any Probate Judge would sign that Order. As Executor you could also be sued for breach of duty for absconding with Estate Assets or worse. You should be able to close with disbursements of the assets along with Waivers of Accounting and Receipts for each Legatee/Devisee. Then get the... View More 
He was found deceased in his home after being dead over a week, along with water damage turning into mold and fear of his passing being from Covid. His brother and I could not locate a will in his apartment. We did visit his bank to notify them of his passing. The only information we got in return... View More
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answered on Jul 21, 2020
What is the probable size of the Estate? What kind of properties? Did he have alot of creditors? These are questions for a competent attorney, not for what you think is the correct thing to do. You might need to file Probate, and you might not. Do not initiate Probate unless you think you... View More
Do we have to put it our name first? Want to sell as is.
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answered on Jul 20, 2020
I recommend hiring an attorney to draft and record an Affidavit of Heirship. Then sell the property. If the purchaser and his title company demands Probate, then sell to someone else. Do not execute a TN Residential Disclosure Statement as you have no knowledge of the actual condition of the... View More
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answered on Jul 20, 2020
Yes... Sometimes you have to file an Action To Recover Personal Property, or even a Claim Against The Estate.
The property would then be sold if he leaves the property and divided according to the other stipulations of the will.
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answered on Jul 15, 2020
Yes, that is entirely possible. The best way to accomplish this is with an attorney-drafted revocable living trust. Doing this with a "life estate" is not recommended for a variety of reasons that an attorney can explain to you during an extended personal consultation. A trust-based... View More
installments claiming they can only be for educational and medical when it clearly includes maintenance and adequate care she has put in writing that she is aware now if ever the kids need disbursements because of our financial impact with the covid situation but says she isn’t allowed for any... View More
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answered on Jul 1, 2020
There is at least a 50% chance that what the children’s trustee is telling you is correct, but if you want a second opinion, you can take the trust to an attorney to review it. Look for an estate planning attorney or an attorney who does fiduciary litigation.
She was disabled and had nothing of real value. The grandparents are refusing to give me any of her possessions. What is my recourse?
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answered on Jun 30, 2020
Small Estate Affidavit might work with you as the Administrator.
answered on Jun 22, 2020
It depends on what the life insurance policy says happens upon death. It will likely go into his estate which means someone will need to open the estate and start the probate process. You should hire an attorney to assist you.
Is a copy of the will naming the executor sufficient to open an estate bank account when a "letter of testamentary"
does not exist because the estate was not required to go through probate according to the statutes of that particular state (TN)?
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answered on Jun 4, 2020
I am not aware of any State that legally requires Probate Administration for every decedent. But anyway the so called executor may have actually filed a Will for Probate that you do not know about. You probably need to call the Chancery and/or Probate Courts for the Counties in which you feel... View More
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answered on May 12, 2020
Your MOTHER can write out a will entirely in her own handwriting and sign and date it. If she is not able to do that, read more here about other options:
https://www.cumberlandlegacylaw.com/what-makes-a-will-valid
There is an art to drafting wills correctly, and most non-lawyers,... View More
answered on Apr 25, 2020
Sorry about the passing of your father. Yes, you return it with a letter explaining the father's death. Good luck.
Disclaimer: This is not intended for, and may not be construed, as legal or tax advice. For specific advice please consult your legal counsel.
My grandmother owned life insurance policies on my grandpa and myself. We want to cash them out because they are horrible policies. They were supposed to transfer ownership to my grandpa but never did after we filled out the paperwork. Now they are saying we need all of my grandmother's heirs... View More
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answered on Apr 1, 2020
You did not state this, but it sounds like your grandmother has passed and there are things still in her name, such as these life insurance policies. You should contact a probate attorney to help you with getting those assets retitled. The type of process that will be needed will depend on more... View More
care for what he called his "boys" is missing. He left a voicemail stating he is leaving money to last the rest of their lives. 15 years life left for Butch and 2.5 for Bear. These of course are guesstimates. Where can I get reports , scientific or previous cases similar to mine to show... View More
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answered on Mar 20, 2020
The audio recording of a bequest is not enforceable. Only the written Will that is probated can be enforced. Apparently you have made a very serious mistake in assuming you were an "heir" and taking it upon yourself to care for Estate assets. If there is a funded Trust for the benefit... View More
It is also agreed that I can keep the house if the mortgage company allows and all the contents.My father had three step children that are pushing me to probate. I know they have no legal right to anything in his estate but I'm ok with them getting things they want and that goes for all. Is... View More
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answered on Mar 17, 2020
You have not stated a need for a Probate Administration. But if the Estate is large enough, or there are certain type of assets, then Probate may be necessary. Consult with a competent attorney. The Title to the home should be simple, with someone executing and recording an Affidavit of... View More
My husband's will was written during his previous marriage with his ex-wife and daughter as beneficiaries. He has every intention of changing it but has not yet. My concern is losing the house which is solely in his name and having to start all over because I did not receive anything from his... View More
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answered on Mar 9, 2020
If your husband dies without changing his will, his estate will pass as if his former wife (still mentioned in the will) had predeceased him. It doesn't revoke the whole will, however, so chances are his daughter would inherit his entire estate, subject to your right to take an elective share... View More
My total assets left are worth about $1,000 $500 for a car and $500 for clothes, furniture, etc Do I need to have my will probated in Tennessee? I may have some credit card balances, but no cash to pay
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answered on Mar 7, 2020
For an estate that small there is an abbreviated procedure using a small estate affidavit that gets filed with the court. The filing fee varies depending on whether the decedent had a will or not and whether bond is waived but it is usually about $105 for the filing fee and around $100 for the bond... View More
heirs when I file my small estate affidavit in Rutherford county Tennessee. All I am looking to do is transfer husbands funds into my own Roth account. Technically there was no will, but I did find a handwritten, signed paper from my husband stating that all his worldly possessions were left to me.
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answered on Mar 4, 2020
The Roth account might have a beneficiary identified - Check with the institution holding the Roth account. You may not need to open a small estate
Do I have any right to the selling of the house .
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answered on Mar 2, 2020
Not sure of your question. But if the surviving grandparent died intestate, then you are probably one of the Heirs At Law. Hire a competent attorney to perform a title search, and possibly execute and record an Affidavit of Heirship. If you are an Heir, then either intercede in the proposed... View More
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answered on Feb 28, 2020
Being the administrator of an estate is not the same as being the heir. It is the duty of the administrator to see to it that the assets of the decedent are properly transferred to the heirs named in the decedent's will or, if the decedent had no will, then to the decedent's heirs at... View More
Home and have SSI and Medicaid. Once he enters a group home,I suppose Medicaid will put a lien against his house, but when it sells, won’t it put him over the limit and then not be able to reside in the group home?
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answered on Feb 12, 2020
There is a lot of missing but necessary information in this scenario. This is perfectly understandable because you do not know what information is relevant. You and your son should schedule a consultation with a Tennessee attorney experienced with special needs planning.
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