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My mother has Alzheimer’s and her husband, my step dad is her primary care giver. He won’t let anyone else in the house and it’s obvious she needs more than he can provide but he won’t relent. Is there a way to gain custody or at least control of health care decisions without her... View More 
answered on Aug 14, 2018
In most states the avenue to take is in the probate court where you would petition the court to appoint you as guardian of the estate and person of your mother. You would most likely be required to present a Physician's Report that would identify specifically the medical condition that would... View More
My elderly father lost my mother in January after 65 years of marriage. I am an American living in China and he just told me today that he is marrying another woman (July 16). I am an only child an am concerned that when my father dies, that this woman (whom I do not know at all) will contest the... View More
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answered on Aug 9, 2018
In Tennessee you cannot disinherit a surviving spouse. If a Will is Probated, then the Spouse can elect against it and get a third of the net Estate in addition to a year's support, etc. If no Will is Probated, then the surviving Spouse takes at least a third of the Estate, in addition to... View More
My uncle keeps giving me excuse after excuse. Now he is telling me trusts has to be set up. He also has been spending funds for the past 5 years illegally. He has had to sell houses to pay taxes and enough money to pay everyone else. That's the reason its in the mess its its in thanks in advance.
answered on Aug 9, 2018
The executor can be removed and replaced if he/she is not doing the job properly. It sounds like enough time has passed, but every estate is different and some can be very complex. to remove him, you must prove to the court that the has spent funds improperly. If there is a large amount of money... View More
answered on Aug 8, 2018
yes, a remainder interest can be transferred. the difficulty is in determining the value of the remainder interest.
answered on Aug 7, 2018
Quick Answer: Yes
there is no such thing as a "beneficiary" of a life estate.
A life estate creates a present property right in a future ownership interest. It's like splitting the property in half, but instead of one person getting the left half and the other the... View More
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answered on Aug 3, 2018
If any of the dead siblings which did not survive the Uncle had issue
surviving them (such as children or grandchildren), then the issue take what would have been the dead sibling's share by representation. Someone that knew your Uncle well needs to make an Affidavit of Heirship... View More
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answered on Aug 3, 2018
There is no law which requires Probate, and the vast majority die without an Estate. It may be possible to Probate the Document, despite the Seven Year Period given in Statute, but why would you want to? The Relatives by now probably only need an Affidavit of Heirship to give them a source of... View More
Where do i get probate forms and is a lawyer necessary if she had property?
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answered on Aug 3, 2018
It is possible by Statute to Probate a copy of a Will in Tennessee. It is a little difficult, and you will probably need the two or more Witnesses to show up in Court to testify about the Execution. The Notary Seal has to do with the Witnesses Attestation Clause which is not necessary for... View More
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answered on Jun 18, 2018
You have not stated enough facts. I assume the widow has already survived her deceased husband, but is wanting to remarry. She would still be a Heir-At-Law and Next-Of-Kin of the deceased, and thus entitled to at least one-third of his Estate. But she arguably would not receive one year's... View More
does what his children get anything when step mother dies?
answered on Jun 7, 2018
No, the property now belongs to the stepmother. What happens to it after her death will depend on what say does with it during the remainder of her life: she might spend it, etc. If she still has it at the time she dies, the ownership will depend on what her will says, and if she doesn't have... View More
Great Grandfather passed several years ago, and she has been gone 3 years in August. She had no will that could be found. Her 2 daughters and 1 granddaughter would like to know if he stands to gain from her death.
answered on May 8, 2018
Under Tennessee law, if a woman dies without a will, the surviving spouse inherits her estate. If the woman has children, then the children AND the surviving spouse inherit. From what you has said in your question, it would appear that the surviving spouse and children now own whatever share the... View More
answered on May 1, 2018
If I understand the question - destruction of a will to prevent it from being probated is a crime ( a felony) under Tennessee law. In other words, the person could go to jail. I am sure there would also be civil penalties and sanctions as well.
Two heirs are splitting the mortgage at the estate for nearly 1 year. The executor has drawn up a lease for heir A. Heir A has is an Addict and had significant medical problems. He's financially irresponsible, and is barely mobile unless in wheelchair. Executor and Heir A are attempting to... View More
answered on May 1, 2018
It sounds like you need to consult a probate attorney to look at all of the facts and assess your ability to seek removal of the executor.
My mil and fil lived at the residence together for 20 years. It was not in her name but she invested just as much as he did. He used her life insurance for his pleasure rather than her funeral and is now selling the property. We were wondering if the children would be entitled to anything?
answered on Apr 30, 2018
Based on the info in your question, it appears probably not. If the husband was the named beneficiary of the life insurance, then the death benefit was his to spend however he wanted, even if foolish. Similarly, if the real estate was deeded to him only, ( and its perfectly legal to own property... View More
I’ve kept the payments current but would like to be on the title for insurance claim if needed in the future because the house is older and my mother ( his divorced wife) still lives in it. The bank will not speak to me about it without a letter of testamentary. Do I need a lawyer or will the... View More
answered on Apr 23, 2018
If he died without a will, you are going to need a lawyer to make sure all the other heirs sign and convey their shares over to you. If they won't do so, then I would not keep paying the loan if I were you. The bank/lender probably won't care about the death as long as the payments are... View More
But I was not listed as the beneficiary on the account. It was paid out to the estate executor. Is the money from the account still mine according to the will?
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answered on Apr 16, 2018
You have not provided enough information. Hire a competent attorney to represent your interests. Apparently a Will was Probated, so the Executor will marshall up the Assets of the Estate, then administer the
Estate which includes making distributions. You may have to move the... View More
The house has been passed down through family for over 70 yrs. My siblings and I are the nearest living relatives to the cousin that just passed. How could we go about getting the house transferred back to us when it was never transferred to the cousin following his fathers death?
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answered on Apr 16, 2018
Somebody needs to hire a competent attorney to perform a title search and investigate the heirship. There is no telling whether any of your Family are the actual Heirs-At-Law or not with your small statement of facts. Then an Affidavit of Heirship is executed and recorded. Finally either the... View More
The will has gone through probate appointing the executor as such, and only states that all proceeds be divided equally among all named heirs, of which the executor is one. The heirs resisting the sale refuse to name a fair price they would agree upon to sell the property.
answered on Apr 9, 2018
This can't be answered without a complete review of the will in question. If the will contains a specific direction to the executor to sell the land, he/she must do so. If not, the land vests immediately upon death in the heirs/named beneficiaries. Consult an experienced probate lawyer for... View More
The estate is upside down. I have returned her truck and her house is going through foreclosure. There is under $2,000 combined in both of her accounts. I do not want to spend a fortune on lawyers and court for such a little amount. I am the only child and had her power of attorney.
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answered on Apr 8, 2018
You probably can file a Small Estate to obtain Letters of Administration. But in my opinion a competent attorney is necessary. There are too many issues for a layman to deal with. It sounds like you have already made some mistakes, and it can get alot more difficult.
Do we need a new will if we're married or a prenuptial
answered on Mar 28, 2018
yes - if you marry without a prenupt, Tennessee law gives the surviving spouse certain rights to inherit if the spouse chooses to exercise those rights. Those rights can be waived or given up in a prenuptial agreement.
consult an experienced family law attorney to assist you. Your partner... View More
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