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I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More 
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answered on Mar 6, 2024
Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More
My will states my husband as Executor, with my son as secondary.
With my son being a non-resident, should I change my Executor directives?
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answered on Feb 21, 2024
There is a registration process with the Secretary of State for non-TN personal representatives. However the Will has no effect until testator dies and it is filed for Probate. If you want to change something, then execute a new Will and destroy the present one. Codicils can impute contests.
Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the... View More
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answered on Feb 5, 2024
Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it... View More
In full and be able to obtain the current deed following payment? As well as claiming ownership?
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answered on Feb 1, 2024
To address the unpaid property taxes and potentially claim ownership of the property as one of the surviving children of your father, you'll need to follow a specific legal process:
Pay Unpaid Property Taxes: You can pay the unpaid property taxes to bring the property current. Make... View More
In full and be able to obtain the current deed following payment? As well as claiming ownership?
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answered on Feb 1, 2024
Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer... View More
Or is a lawyer or notary needed? How many witnesses are needed?
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answered on Jan 18, 2024
Two witnesses are required by law. Notarized self-proving affidavits help get the will admitted to court so that the witnesses do not have to be found to testify later.
There is no law that requires you to engage an attorney to prepare a will, but doing do is a really good idea. Really... View More
I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More
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answered on Jan 14, 2024
Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More
Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More
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answered on Jan 1, 2024
In cases where a deceased person owns property in a state different from where they died, and there is no will, the laws of the state where the property is located typically govern the distribution of that property. In your case, since the property is in Tennessee, Tennessee's intestacy laws... View More
We were told there was no will on a million dollar estate. Stepmother just told us a week ago there was a hand written will. No will was ever filed nor shown to us. We got ripped off. State is Tennessee
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answered on Dec 8, 2023
In Tennessee, if you believe someone lied about the existence of a will, potentially depriving you of your rightful inheritance, you may have legal options. If your stepmother intentionally concealed the handwritten will to benefit herself, it could be considered fraud, allowing you to sue for... View More
We were told there was no will on a million dollar estate. Stepmother just told us a week ago there was a hand written will. No will was ever filed nor shown to us. We got ripped off. State is Tennessee
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answered on Dec 8, 2023
Property Torts are 3 year SOLs. You might be able to toll the SOL due to fraud. But most importantly, the intestate estate assets may be gone by now. Hopefully land is still around. Also it is a felony to suppress a Will (with a longer SOL), but the burden of proof is substantial.
Need to determine if distributions to a beneficiary of an IDGT would turn off grantor trust status and cause a portion the income for that year to be taxed to the beneficiary rather than the grantor.
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answered on Nov 28, 2023
Typically it is the other way around. That is, income is taxed to the grantor rather than the beneficiary. This is actually considered a feature rather than a bug. But not all IDGTs are created equal. The only way to know for certain with respect to any given IDGT is for an attorney to review... View More
What is the procedure in Tennessee for dissolving an irrevocable trust that contains only real estate, in order to pay off one beneficiary $100,000 and resolve the $30,000 in debt incurred by the trust? The trust consists of three beneficiaries, one serving as the sole trustee. The two... View More
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answered on Mar 14, 2025
You must hire an attorney with trust experience to read the Trust and Deeds involved. Only then can a proper procedure to execute the Trust be arrived at. There will be tax consequences. Trustee may have to sue the Beneficiaries in Chancery to execute the Trust.
My mother, who was a sole business owner, passed away unexpectedly without a will. One of my two siblings is attempting to take control of her business by accessing her bank account and has taken possession of all her belongings, including the only copy of her business license and keys to her... View More
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answered on Feb 23, 2025
The business and its associated property are personal property which goes to the Next of Kin. Hire a lawyer to file an intestate administration probate. You will have to post bond, but as soon as letters of administration are issued to you, you can take charge and marshal up the assets.
My father passed away in November 2019, and did not have a will. He was divorced from my mother but had remarried approximately 5 years prior to his death. He had a life insurance policy, and his wife was listed as the beneficiary. I assumed his home would pass to his wife as well, but someone... View More
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answered on Jan 31, 2025
Home is probably owned by the survivor, if not, then probably close to one half is his heirs and the wife has the other half, who also receives an intestate share. Hire a TN attorney to search the title and determine heirship. As a surviving spouse, the wife was entitled to alot of any estate.... View More
There is a house, vehicles and other personal property. My friends sister is steadily removing items from the house and signing titles to the vehicles, cashing CDs and IRAs , etc. without probating the will. What can he do to stop the executor and his wife (the sister) from taking everything from... View More
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answered on Jan 7, 2025
Friend needs an attorney to ask to remove the executor for cause. But someone else will have to serve.
I learned recently from a law firm that my estranged father passed away 4 years ago but his house recently went into foreclosure and has been auctioned off. Now the law firm sent a certified letter requesting documentation to claim a portion of the residual proceeds. They are requesting a copy my... View More
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answered on Dec 30, 2024
Hire an attorney to search the title and determine heirship. Do not sign a deed unless paid.
My mother left my father when I was 6 months old due to abuse. He never paid child support. My mother remarried and new father adopted me, changing my last name. She divorced him, and when I was 10 my birth father finally agreed to meet me. He ended up driving me home at 3am and I never saw or... View More
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answered on Dec 7, 2024
Whoever adopted you is your Father who you take as an heir and next of kin at his death. Divorce does not change the adoption.
The only living heir, my wife, authorized for me to act on her behalf in closing out my late father-in-law's small estate (under $50k). The judge denied me being elected based on simple possession (marijuana) charges that are over 10 years old. This feels punitive in nature, as I have already... View More
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answered on Nov 27, 2024
You are ineligible to serve as a Personal Administrator by Statute. Get Wife to serve as Administratrix by Motion to the Court.
The retirement plan has so many ammendments i can't determine if I can or can not change it I ve tried contacting the administrator with no luck
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answered on Nov 18, 2024
You will need an attorney to read the Plan and any associated Handbooks. Beneficiaries rarely can change any part of a retirement plan once vested.
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answered on Nov 8, 2024
Assuming there was a typographical error in your recitation of the facts such that “and” was really “an”, that wording means that the grantor is still the owner until she passes.
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