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The land and home still have both my parents on the title and deed! My mother passed away 5 years ago and dad this past July! He removed her from the cars! The chancery stayed the property isn’t attached to the probate however the title company wants a tenncare release for my mom inorder to buy... View More 
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answered on Dec 17, 2018
Why did you file for Probate? I suspect you attracted problems by doing so, and probably had no reason to file. If the Title Company does not wish to handle the transaction, then find another purchaser. You needed a Title Search, Affidavit of Heirship and then a willing purchaser. But that... View More
DPOA my brother has his wife and her family running my dad's estate while he is doing nothing. Don't know how this is possible or legal. Myself and other brothers aren't being informed. Can I request to be notified of activities? What are my rights as Executor of his will?
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answered on Dec 11, 2018
Unless there is a Will filed for Probate, then there is no Will and no Executor. Apparently you have not filed the Will for Probate. There may be an Administration going on. Hire a competent attorney to find out if there is a Probate Action, and decide if you need to Probate the Will or take... View More
My uncle started staying in my dad's rented home whole he was still in the hospital. My dad had his personal belongings, truck and boat. My uncle will not let me have anything and has now moved the truck and boat into hiding. He says the landlord let him sign a new lease agreement before my... View More
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answered on Dec 11, 2018
You probably need a Title Search and file an Affidavit of Heirship/Next of Kin. That will be your source of title, then sue the Uncle in General Sessions for an Action To Recover Personal Property, along with a Detainer Warrant.
Question is can her stupid brother who now wants everything and who did nothing have any claim to this moneyy to cover probate and fiduicary fees.
answered on Nov 16, 2018
Based on your question ( that she had survivorship rights) - NO, these funds are not part of the estate.
He married my granny who died 3yr ago. Both told the immediate family they wanted me as executor. My grandpa had no children of his own, no siblings, and his parents are deceased. We have been unable to contact any remote relatives. They have real estate that has been in my granny’s family for... View More
answered on Oct 31, 2018
Any interested adult person can serve as an administrator- it is usually a family member and there is a state statute which sets a priority, but it since he has no close relatives, the Court would likely choose you since you are willing to volunteer for the job. The job has some responsibility and... View More
Is this necessary? Just her and I are on the deed. She doesnt want any trouble for me when she passes. Would a quitclaim be sufficient? My old name is on her will as well. She does have a POA with my new name....We are not sure what the consequences are with having my old name on her will and deed.... View More
answered on Oct 24, 2018
There are no consequences and it I snot necessary to incur any expense for a "new" deed. The only possible issue is identification, or in other words, can you prove that you are the same person named in the deed?
I suspect you can. People get married and change their names all... View More
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answered on Oct 12, 2018
More than likely the Administrator will have to file an Accounting which shows the Court all of the Assets that came into his hands, all his Disbursements, and his proposed Distributions. If the Court orders the Distributions as proposed, your approval is not required to Close the Estate.
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answered on Oct 12, 2018
Unless they have been there for three years you should have no problems filing a Detainer Warrant against them. You should give them notice that you want them out thirty days from your next rent payment. If there is a Security Deposit, have it ready to be returned upon your receiving the keys.... View More
answered on Oct 1, 2018
I would start by checking the local probate records in the county where he resided at the time of this death. If he made a will, that should be filed there and even if he did not have a will, there would be a record of the administration of his estate in that county.
Also, he went to his lawyer and was in the process of canceling the existing will and get a new one and unfortunately passed away before it could be completed. Lawyer claims he did not finish the process. Can the new wife contest the will?
answered on Sep 28, 2018
Most likely - yes. Depending on the length of time they were married, a surviving spouse has certain rights to inherit ( elective share, years support, exempt Property) and a full discussion of those rights is beyond the scope of this question -answer format. You should consult an experienced... View More
She moved into her parent's house a few years ago to help them in their elderly years. She is an only child. They eventually moved into assisted living and recently deceased. Can she just continue to pay her parents mortgage with no further action needed?
I found this below:... View More
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answered on Sep 24, 2018
The Daughter does not want to be personally liable for the Note and Deed of Trust. She takes subject to the Debt as the Heir-At-Law, but she never becomes a party to the Secured Loan unless she assumes it. Additionally she is not personally liable for Taxes. But if the Note, Taxes or Insurance... View More
My mom did a quit claim deed for her own house for me and my other two sisters but she has now signed for her granddaughter to get a house and she is co-signor. What can I do? I have Power of Attorney. Is there anyway I can get her off the granddaughters mortgage? Will we lose the house if she... View More
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answered on Sep 20, 2018
If she signed the Note, then she is jointly and severally liable for the loan, and you cannot remove her contractual obligation. Her dying is not a Default on the Note, but nonpayment and other requirements are. If the Note goes in Default the Lender will probably sue Granddaughter and the... View More
answered on Sep 12, 2018
It is possible- but the medical power of attorney has additional requirements: witnesses and a signed disclaimer/notice. Most lawyers use two documents so it's likely that medical personnel will be most familiar with a separate form. If you don't want a hassell, it's probably... View More
We have a POA and executor of estate. The home is worth less then 50k. How do we prevent Indiana, Allen county probate taking over?
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answered on Sep 10, 2018
Whether her property is in Tennessee or not is important. Whatever the case, it may be prudent for her to Deed her real property to whoever she wants to have it at her death. It can be a Life Estate/Remainder Deed. If MediCaid is involved then you probably need a lawyer to construe it as... View More
the house closed on Aug 20 and as of yet we dont have our money and it was a cash sale. the atty originally said he had been too busty to file the the papers to close and release the money but once we mention getting another atty (he has been questionable since the beginning) he SUDDENLY accused me... View More
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answered on Sep 7, 2018
The inventory was supposed to have been filed with the Probate Court within 60 days of opening the Estate. There are numerous requirements for Probate and I would guess that many have not been met. It does not appear the Estate is ready for a Distribution as apparently there is no Order to do so.... View More
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answered on Sep 3, 2018
You need to hire a competent attorney to draft such a conveyance into Trust. Hopefully he will explain what a Trust is, as well as the alternative Future Interest Deeds such as a Life Estate/Remainder Deed. The Lawyer can determine the exact name of the Grantee Trustee.
I was contacted by a woman claiming to be a distant relative asking for contact info for my cousins and myself claiming to be trustee to a trust my great grandmother set up before her death 20 or so years ago to be distributed upon my great grandfathers death. I contacted the law office I know is... View More
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answered on Aug 31, 2018
You have no legal right to be informed of the Trust by the Trustee. But it is the Trustee's duty to administer the Trust. If you feel you are a Beneficiary and the Trustee is not performing properly, you can sue in Chancery to Construe (and possibly Execute) the Trust. Venue could be a... View More
Does anyone have to witness that a will was torn or does the court just take the word of the person and this makes will void and next of kin gets everything? Seems to me that one could be not truthful if no witness of deceased tearing up the Will.
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answered on Aug 27, 2018
Has someone Probated the Will? If not then this issue never comes up. If there is a Probate, you can file a Contest. If there is an Administration, you might try to Probate the torn Will and let them contest it. If the Will is not Probated, it will never have any effect.
to daughter for 5 years. After 5 years, daughters' 50% shares to be given to employee/manager. His will named employee as CEO & daughter as Secretary. Who owns the C Corporation? Who is entitled to the financial Corporate assets? Daughter also named as Executor but cleared money out of... View More
answered on Aug 24, 2018
For the next 5 years, employee/manager and daughter/secretary each own 50% of the company. What powers they have over the assets depends on the corporate documents.
In 5 years, the daughter's interest will terminate and the employee/manager will own 100% of the company. The daughter... View More
Tenants", not as "Co-Tenants" / Tenancy-in-Common. I often see Joint Tenancy specified as JTWROS (Joint Tenancy with Rights of Survivorship). My question is this: In the state of Tennessee, can I specify "Joint Tenancy" WITHOUT Rights of Survivorship?
answered on Aug 21, 2018
These terms can be confusing and tricky, often leading to possible mistakes. If I understand your question, co-tenants or tenants in common would be the same thing as joint tenants WITHOUT survivorship rights. ( the situation when one co-owner dies, his/her share of the property is inherited by his... View More
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