If you were a death beneficiary for the life insurance policy, trying calling the life insurance company to inquire about your share. Normally, the life insurance company will issue one check to each named beneficiary, not one check to just one of them. But if by chance they wrote a check to all...Read more »
My aunt was in a nursing home for the past 2 years. Last March (7 months ago), she had her house put in my mothers name (her sister). My aunt passed away a couple of weeks ago. From what I understand since the house was given to my mother it will not be included in probate. But is it possible for... Read more »
It may be possible that TennCare takes it. Your Aunt should have hired a competent attorney. But do not Probate anything, hire a competent attorney to conduct a title search, and your Mother needs to conduct herself as the owner.
did then that siblings portion would go "back into the pot" so to speak and be shared equally between the surviving siblings upon my great-aunt's death. If one of those siblings has died, but did not die BEFORE my great-aunt, would that sibling's portion then go to their child after their death?
In Tennessee a devisee must survive the testator by at least 120 hours in order to inherit, unless there is a longer survivorship requirement stated in the will. If there is no survivorship period stated in your great aunt's will, and if the sibling survived your great aunt by at least 120...Read more »
Most likely - yes, and perhaps more importantly, it's unclear whether you can sell the property without her signature/consent.This is hard to answer without actually seeing the document that created the life estate. I do not think simply "moving out" of the premises is enough to...Read more »
You'll have to look at the deed to determine who owns the house. If they are divorced and she's not a title holder than the house would pass to the next eligible heir by statute. Consult a local attorney to determine what options, if any, you may have.
What is your question? It appears that you lost the Divorce, and your only alternative is to file a timely Appeal. There was nothing wrong with the Deed as you describe it. And I would presume the Daughter has the Remainder still subject to the Wife's Life Estate.
No debt, only personal items. My husband has a bill of sale for a vehicle he bought from his best friend. His friend is elderly and has since passed away before he was able to locate and sign the title. My husband took possession of the vehicle after his friend's passing as he had paid the... Read more »
No probate possible with no assets. Let daughter try to file suit or probate it, where you would make a claim against the Estate. Title may be difficult, but a lost title application may suffice. You are far too worried about this.
Those are questions for the escrow agent with whom you are dealing. Usually the way to convince an escrow agent to release funds against which a claim might be made later is to provide a bond, but that will cost you some money.
My great uncle has unfortunately passed away recently. He has a living will that's kept in a lockbox under a bed. (At the nursing home he and his wife lived in.) His wife will not turn over the will to anyone. All that manners to us is his last wishes are carried out. His estate in total could... Read more »
I recommend filing for Probate Administration in whatever County most of his assets are in, such as possibly Fentress County. You or another relative can request being the Administrator, who will probably have to post a Bond. If the Wife has an actual Will then she can then file it for Probate....Read more »
it is a simple will leaving everything to my 2 daughters to split as they want. Just a house, car and personal belongings. Retirements funds in Vanguard are covered under beneficiaries at their firm. No debt or husband or other children.
Estate plans should be reviewed every few years anyway. You should invest in a consultation with an estate planning attorney. There is more to a complete estate plan than just a simple will. A proper estate plan handles more issues than just distribution of the estate at death. You should also...Read more »
The next week I went to probate court and obtained a copy of my mother’s will. I also learned that the probate case pertaining to my own mothers will was still active meaning never closed. My mother’s spouse who received her estate remarried a year and a half after my mother passed. So this new... Read more »
There is too much missing information in your recitation of the facts to provide an answer in this forum. You should schedule a consultation with a local probate attorney to help you. Rarely is probate a do-it-yourself project.
my father passed away and my mother is going to a nursing home by her poa, the family i dont know unfortunatley , and their wills read identica that me being only child assumes everything after they have living rights. my fathers will isnt filed at the courhouse for me to be bonded bc her poa... Read more »
A power of attorney expires upon death of the principal, so the agent under your dad's POA has no authority unless she is also xecutor of his will, in which case she is duty bound to file it with the court and follow its provisions.
As for your mom, it sounds like she no longer has...Read more »
myfather passed away 2 weeks ago, my mothers niece i met maybe 5 times my life assumed poa as witnessed by my son by scare tactics and coaching my mother in a vulnerable state, and recently expressed this to many to verify, and its been signed off and other favors by her cousin on who is a... Read more »
That is correct. The witnesses, if you go that route, cannot be related to the principal by blood, marriage, or adoption and must not be entitled to any portion of the estate of the principal upon the death of the principal, i.e. not an heir or beneficiary.
My sister’s boyfriend committed suicide and named her as the executor of his very specific will. She has completed more than half of the administration aspects of the Will after receiving the Letters Testamentary by the court. The Will was prepared by an attorney per TN statue. The Will... Read more »
No, the Executor can continue performing her duties as a Fiduciary. But if a Will Contest is successful, the Executor will have to account for all property and cash. She needs to be careful, but if it is not time critical, she might wait to see if a Contest is actually filed. She has a duty to...Read more »
My husband is "too busy right now" to draw up a will. We moved to Tennessee from Florida in Sept 2018 and bought a house with a mortgage. He has two daughters with families in Colorado. I am their step-mother. If he dies, does his personal property automatically go to me, his wife, by Tennessee law?
A surviving spouse is entitled to certain household goods and the family automobile if the deceased spouses dies without a will. Review Tennessee Code Section 30-2-101. The surviving spouse has other entitlements ( a homestead allowance and a "years support, etc ) but all of these are NOT...Read more »
If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the...Read more »
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