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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
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.
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
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
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.
I cosigned for a house with my daughter-n-law. They have cut off all communication and making late or no payments at all that is affecting my credit. I hired a lawyer 8 months ago. And he doesn't communicate with me without yelling at me. And I still have no court date set. How long after now... View More
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answered on Oct 23, 2024
The Partition Sale may not work because lack of equity. Your lawyer needs to make an estimate of this. If it is not economically feasible then it will be dismissed. Your lawyer can move the Court for a trial date, and it is usually a simple trial. You are trying to get an order for sale for... View More
cards and doesnt know what account his check is supposed to go in.
what do i need to do ?
answered on Oct 10, 2024
Contact the local Social Security Administration office. Make sure to have the Power of Attorney (or POA) ready to send to them to prove you have the individual's authority to make the inquiry. You should also be able to access all of his bank accounts with the POA.
The power of attorney built a home on the principals property the principals had no conflict with his children and planned for his daughter to spend the week for his birthday the power of attorney has blocked all communication from the principals other children against his wishes and told them to... View More
answered on Oct 3, 2024
Depends on the specific power of attorney. I would consult with the attorney that drafted it.
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answered on Aug 22, 2024
If no trustee then no trust was created. Are there assets titled in the trust's name? If so you need an attorney to go after those assets and have them declared owned by Mother's Heirs and Next of Kin.
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answered on Jul 26, 2024
Apparently you have not interest in the property except possession. The owner can sue you for possession.
I am her spouse and also stated as her Executor in this document.
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answered on Jul 22, 2024
If it meets TN execution requirements, and it is a complete Will, then yes. But you need to see if Probate is needed first. If Court rejects it, then be prepared to post a Bond as the Administrator.
My mom died last year and my dad passed the other day I have always lived with them but I live in the garage. Well dad passed with no will and before I got home from his service all dad's kinfolk had done got his safe emptied his bank account, even boarded up the place so I couldn't get... View More
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answered on Jul 18, 2024
You may be the sole heir and next of kin of Father. If so, you own all that property. But getting back property now is often impossible. Who is the home deeded to? You may be the owner and need an Affidavit of heirship. Hire an attorney to see who the heirs are. Probate may not be a... View More
money unless we take it to probate. All she had in her estate was a home not paid for and her bank acct. We can not afford to go to probate court. What can we do? Less than 4000.00 in bank acct.
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answered on Jul 18, 2024
You will need to file a Small Estate Affidavit, which still costs money, necessitates an attorney and takes some work and time. Otherwise the bank gets to keep the money. This happens all the time. Will probably makes no difference.
Sale,he has lived with her for 13 years,only helping with taxes & ins.last 4.put money in house repairs $20,000 but paid no rent.is he entitled to be reimbursed
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answered on Jun 14, 2024
When an owner files a Partition Suit, then he can claim an equitable reimbursement for his contribution. He may or may not receive it added to his share if any.
There wasn't any percentages given as to the division of account. Who is entitled to the money in the account?
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answered on Apr 12, 2024
A beneficiary designation like the one you described is usually interpreted as meaning equal shares.
Me and our children are the heirs. What can I do she won't speak with me.
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answered on Apr 10, 2024
Hire a probate attorney. Get yourself appointed as executor or personal representative. Then as executor or PR sue her for the return of items stolen from the estate.
Do I have to add to the estate and share amongst my siblings ?
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answered on Apr 4, 2024
If you are a joint tenant on a bank account, and the other tenant dies, then the money is yours individually. Ask the bank and look at the signature care for the account.
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