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...Read 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... Read more »
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...Read more »
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 consequences...Read more »
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...Read 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.
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...Read more »
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... Read more »
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...Read 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... Read more »
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 husband and...Read 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... Read more »
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... Read more »
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 checks...Read 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.
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...Read more »
My mother passed away Oct. ‘17 and her brother forced her to write up a new will for him to inherit everything. She was suffering from severe dementia at the time and was not mentally there for the new will to be truly trusted. The most important issue is that what he inherited was not hers at... Read more »
From your description it sounds like you need to consult with an attorney. There are numerous law firms that handle Estate and Probate work in Tennessee. Is your Mother's case still active in Probate? Based on what you are saying here, you should likely contest the will. If your mother was...Read more »
You have not stated anywhere near enough facts. Even then, Will Contests are very difficult to actually pursue, not just file. If the document is not signed by the Testator, it is not a Will, regardless of anything else. The only thing I can imagine that is involved here is a Personal Property...Read more »
If the Widow of the adult Child was his surviving spouse, then she will take later on as she is that Child's sole Heir and KIn. But she will have to pursue her rights, and after 7 years, it is a remote possibility the others might claim sole ownership. If there is a Probated Will involved,...Read more »
How would I get the deed into my name, as my father's heir? His estate is currently in probate, but he property in question is not part of his estate, as it is not in his name. Would I file a muniment if title for my grandparents’ property? And is a muniment a separate thing from his probate?
The deceased Father's interest in the real property could still be brought back into the Probate Estate if it is insolvent. More importantly you need to do a Title Search, determine who the Heirs of the Grandparents were,
who the Heirs of your Father were, then someone with this knowledge...Read more »
Can you please advice me on how to handle my deceased (no will left)mothers estate thats supposed to be 1/3 mine and her 7 month of marriage spouse won't acknowledge that and has given and sold most of her items(diamond rings, tanning bed, etc)within 1st week of death while driving her 4 runner... Read more »
You can file your Mother's Estate for Probate as an Intestate Estate. You would probably request to be the Administratrix if you had a good lawyer and wanted to actually go through the Probate process. If your Mother owned the house as a Spouse, then you are not an Heir as the Survivor takes...Read more »
Unable to answer without a review of the deed: when you say in was in "both names," Tennessee law assumes if they were married that "survivorship" rights exist and thus when your mom died, the step father became the sole owner by virtue of the survivorship rights ( the legal term is "tenants by...Read more »
Not sure of your question. But if there are several acres, then you can easily deed undivided interests as tenants in common to your next of kin, or you may be able to actually divide it up into separate tracts which you deed to individual relatives. The important thing is that property taxes...Read more »
So let’s say that in 2019 I gift $1,015,000 to my son. This gift is $1,000,000 over the annual gift exclusion. That means I will need to report it to the IRS. However, I won’t immediately have to pay tax on that gift. Instead, the IRS deducts that $1,000,000 from my lifetime gift tax exemption.... Read more »
No one on this planet could possibly answer this question. You are seeking a definitive answer to a question about death taxes, which are subject to legislative change day by day--at the whim of those in power in Washington. Why worry about things that may or may not happen between now and the year...Read more »
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