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Can you clarify if i'm wrong?
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answered on Sep 20, 2019
That is correct. The witnesses, if you go that route, cannot be related to the principal by blood, marriage, or adoption and must not be entitled to any portion of the estate of the principal upon the death of the principal, i.e. not an heir or beneficiary.
My sister’s boyfriend committed suicide and named her as the executor of his very specific will. She has completed more than half of the administration aspects of the Will after receiving the Letters Testamentary by the court. The Will was prepared by an attorney per TN statue. The Will... View More 
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answered on Sep 13, 2019
No, the Executor can continue performing her duties as a Fiduciary. But if a Will Contest is successful, the Executor will have to account for all property and cash. She needs to be careful, but if it is not time critical, she might wait to see if a Contest is actually filed. She has a duty to... View More
My husband is "too busy right now" to draw up a will. We moved to Tennessee from Florida in Sept 2018 and bought a house with a mortgage. He has two daughters with families in Colorado. I am their step-mother. If he dies, does his personal property automatically go to me, his wife, by Tennessee law?
answered on Sep 11, 2019
A surviving spouse is entitled to certain household goods and the family automobile if the deceased spouses dies without a will. Review Tennessee Code Section 30-2-101. The surviving spouse has other entitlements ( a homestead allowance and a "years support, etc ) but all of these are NOT... View More
foreclosure, because they owe $27,000. As the property owner what are my options?
answered on Sep 9, 2019
If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the... View More
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answered on Sep 7, 2019
It can be either, whatever you and your attorney agree.
Does the total include just the house and cars or the contents (jewelry, expensive antiques, high end furniture) as well?
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answered on Sep 7, 2019
It includes the contents as well, everything that wasn’t previously transferred to a trust.
ed. I was told in Tennessee I had to settle estate here in Texas but Texas is telling me that I have to do it in Tennessee. The deed to the Tennessee property is still in my dad's deceased father's name(my grandfather) I am the only child .What is the right thing to do...
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answered on Aug 29, 2019
If any of the heirs are wanting to sell the home quickly, then you will need to probate both your grandfather's estate and then your father's estate. If you all plan to hold the property for many years, then this can be handled with affidavits of heirship. Neither of these are... View More
My son died without a will. His father, sister, and I are his next of kin. I have no knowledge of any assets or debts. The insurance company requires a small estate affidavit with a federal EIN number to consider payment. Do I have to be the "affiant", or is the insurance company?
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answered on Aug 27, 2019
In some states this can be a do-it-yourself project. This is not so much the case in Tennessee. To do this right you should hire a Tennessee probate attorney. The papers do need to be drawn up correctly and filed with the court.
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answered on Aug 23, 2019
I assume you are talking about who the Informant is for the Death Certificate. And yes, the physician and/or medical examiner can get the Decedent's information from anyone they please. But if your Father was not married at death, you are the sole Heir-At-Law and Next-Of -Kin unless there... View More
What can we do to keep her from the money? Can we get in annulled faster?
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answered on Aug 6, 2019
Annullment is not an option in Tennessee. And just filing divorce on grounds of fault does not get a divorce. Hire a competent attorney for your Father to start transferring assets now. Life Estate/Remainder Deeds and/or Trusts might be good options for some more important assets. But it must... View More
I cared for my husband through 8 years of Alzhiemers, he didn’t leave a will, but I was his POA. Step kids are trying to also take a portion of my house in Tennessee. Step daughter made herself executer of my husband estate ,even when I told her he had nothing subject to probate. Now his brother... View More
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answered on Aug 6, 2019
Your heirship intestate succession rights should be governed by Tennessee Law, which is very similar Nation wide. You probably need a competent Mississippi attorney to represent you, a long time ago. File an Affidavit of Heirship in Shelby County Register of Deeds and start using it. You have... View More
One family member plans to place her assets
in an irrevocable trust.
How will this impact the sale of the farm
and the distribution of the income from this sale?
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answered on Jul 30, 2019
Not sure what your question is about. But sister's Trust Corpus will be legally owned by a Trustee, who will at least own, pay taxes, receive income, and possibly manage her former assets which she conveys into the Trust. It sounds like you plan a Sale already. The sister's tax... View More
Does oldest become power od attorney or is all family heirs? They want funeral arrangements so they can take body to whom we chose.
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answered on Jul 29, 2019
Unless you believe you are mentioned in the possible Will, it is not your concern. A locksmith can take care of the safe, and unless you are very sure you are in the Will, that operation is for immediate Family only. If you believe you are in the Will then call a competent attorney today, as... View More
All of a sudden we were told the investment account was dissolved, we were named in a will but the account is dissolved, so what do we do now, we're confused as to why he forgot to issue our check left by the deceased.
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answered on Jul 29, 2019
Apparently you have no idea what is going on. Initially you need to examine the Probate File at Court, to see what is happening . The Will may or may not have been Probated. Then you may need a competent attorney to inquire of the Executor where your money is. The Estate may not be closed yet... View More
answered on Jul 29, 2019
Your question does not contain enough information to accurately answer, but most likely yes- if an administrator ad litem has been appointed, they are the administrator and would have the same powers as any other administrator.
Last 4 years of my fathers life I took care of him by doing anything and everything that a person who can barely walk and who can’t drive needs to have done. My dad told me that If I did those things I could live with him rent free and he’d help me with anything I needed. Year one I helped... View More
answered on Jun 23, 2019
There are a lot of considerations in this type of situation. If you have an advanced directive, which is essentially a power of attorney for health care, and a regular power of attorney for financial issues, that will help. The next consideration is nursing home care, and, statistics show that a... View More
Are supposed to split the estate “evenly” with the spouse getting at least 1/3, but we know we didn’t get our shares considering his lifestyle and what we received. He has a girlfriend who has offered to invest money if he included in his will that my siblings could still own the house, while... View More
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answered on Jun 21, 2019
You are confusing intestate secession with the home's title, which may or may not be defined by intestate secession. If Mom bought home with spouse, then it is probably Tenants By The Entirety, that is he owns it period. You might check title carefully, as they may not have taken as... View More
I only had a power of attorney to pay bills for the last 2 weeks of my dads life. Dad chose hospice against my wishes and to come back home. We had an oral agreement that I thought my brother knew of to pay for a couple of sitters to help me. I was asked how much it would cost me to take care of... View More
answered on Jun 21, 2019
I am so sorry -
Unfortunately you will likely have to hire an attorney if they have actually brought a suit against you. It sounds like you have some legitimate defenses to their claims.
Beginning 2014 my father became unable to care for himself and long story short my brothers kicked him out of their homes and he ended up with me. During this time I was harassed and threatened by my brothers. I did my best to preserve my fathers assets and never spent money without his... View More
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answered on Jun 21, 2019
You do not state if the Estate is suing you or whatever. You may wish to make a Claim against the Estate yourself. Hopefully you did not have your Father's Power of Attorney. If you did, you will have the burden of proving everything was done for his benefit. Try to produce receipts or... View More
For an update, the person opened probate and got the papers and did not have a death certificate and over 2 months later in probate court the Judge mentioned the court never received a death certificate.
answered on Jun 20, 2019
Your question is unclear- by saying there is no death certificate, are you saying the person is not dead?! Tennessee has a statute which sets an order of priority for those serving as administrator of an estate (when there is no will). Usually a will contains a paragraph naming who is to serve as... View More
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