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answered on Sep 22, 2023
In Tennessee, if your mother passed away and your stepdad never updated or prepared a new will, the existing will would generally still be considered valid, as long as it met all the legal requirements for a will at the time it was created. This means that the assets would be distributed according... View More 
My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?
Thank you,
answered on Sep 14, 2023
I am so sorry for your loss, and you are in my prayers- I have not lost a spouse- so I cannot appreciate fully your loss.
As to your question- you have done well not to post on the internet a lot of details - but at the same time without more details, it is hard to give much help. The... View More
My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?
Thank you,
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answered on Sep 14, 2023
Are there any title problems, such as claims against your Deceased Husband? If so, you might not have merchantable title. And many title co. will require an unnecessary Probate which takes more than a year to close. Was earnest money involved? If so, give that back. The buyer suing you for... View More
She has a Will, my stepbrother is the executor. The policy was not mentioned at all in the Will.
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answered on Aug 28, 2023
If you are the named beneficiary of the AD&D policy, then the proceeds are payable directly to you, bypassing the probate estate. The check should be made payable to you and then you deposit the check into your personal bank account. You make a claim by calling the company and letting them... View More
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answered on Aug 25, 2023
There is no legal requirement for the settlor of a trust to tell anyone about the trust being created. In fact there are many secret trusts, and oral trusts can sometimes be enforced in TN with clear and convincing evidence. Title searches on properties will often disclose conveyances into a... View More
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
Adverse Possession is very real, especially under color of title. Hire an attorney to search both title. The mobile home may have been an out conveyance before you got an estate. Taxes must be checked closely. You did not mention how many acres or County. A Detainer Warrant or an... View More
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
If the life estate holder rents or allows the mobile home there, then you have problems. LE has a present right of possession until it is terminated and your Remainder vests in possession.
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
It is possible that you are left with only an expensive, difficult Ejectment action. However you might get away with a Detainer if they do not fight you. Hire a an attorney now to investigate and draft a suit in Chancery. Hopefully you do not have a boundary dispute.
Mother passed away left nice house to three daughters one of them executive of will and she just want to sell for whatever. Doesn't all have to agree on price.
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answered on Jul 28, 2023
Has a Will been filed for Probate? If so then read it. If specific real property is devised to the three daughters, then all three own as tenants in common. If not, the executrix may have the authority to sell assets and distribute the net proceeds to all beneficiaries. If she has the power... View More
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answered on Jul 27, 2023
Call any attorneys that the Decedent might have used. Call the County Probate Court where the Decedent lived and check if any Probate proceedings have begun. Look through the Decedent's papers, safes, desks, etc. If nothing else, file an intestate administration in the appropriate County.
My parent's have a car title with that states my father OR my mother. My father is passed away and divorced from my mother before he passed. My dad also payed off the rest of the loan on the Cadillac car in question after they were divorced and before he passed. Since I, the son, am executor... View More
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answered on Jul 20, 2023
As far as the County Clerk is concerned (that is who handles motor vehicle titles in Tennessee), upon learning of your dad's passing, they will consider your mother to be the owner. That is because it sounds like they never updated the title during the divorce like they (probably) should... View More
Home owner passed in summer of 2022. Orginal mortgage sold loan after notification of death. Executor didn't get appointed until 9 months later. New mortgage company was unknown. No bill sent. Orginal Mortgage company would not divulge loan company. New company sent 7 months of bills at once... View More
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answered on Jun 14, 2023
If actual payment in full was tendered to the creditor and refused, then arguably it was waived. And a suit to enjoin the foreclosure should have been filed with a bond being posted. Title has merged now, but it might be the basis of a cheaper, but harder, Chancery suit for wrongful foreclosure... View More
My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More
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answered on May 14, 2023
This question demonstrates a problem with relying on beneficiary designations as an estate planning technique (yes, even for life insurance). When more than one person is named as a death beneficiary, with nothing more, there is an ambiguity created as to what should happen if one of them... View More
My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More
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answered on May 12, 2023
Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... View More
to know if there is a way to ensure that my stepchildren can not ever inherit the land that I intend to leave to my children as it has been in our family for several generations.
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answered on Apr 18, 2023
One way to accomplish this is to place the land in a trust during your lifetime. The trust can then be structured to continue after you pass in favor or your children and then your children's children, etc. Or you could place the land in a limited liability company that itself contains... View More
My uncle's house was listed in the will, but I thought the quit claim deed signed just before he died 4 months ago would keep us out of probate. I'm going through probate anyway since my name wasn't on some accounts (I am the sole inheritor). I'm trying to sell the house but I... View More
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answered on Apr 4, 2023
That is quite unfortunate. If your uncle deeded the house to you during his lifetime, as a lifetime gift, then your basis is the same as whatever his basis was (the amount he paid for it plus capital improvements). This is called carryover basis. If the house has appreciated in value since he... View More
can they get a warrant out on someone without facts after threatening other parties. making accusations
answered on Mar 27, 2023
Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... View More
They presented it to the bank, social security what legal actions can I do to charge them if any accountability on their part for doing this? I am the oldest as well as the executor of the estate
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answered on Mar 18, 2023
You can file a petition to nullify the POA due to your mother’s lack of capacity, which you can prove with medical records and doctor testimony.
After the POA is nullified, you can file a petition for the appointment of a conservator for her. The conservator will be required to account... View More
My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... View More
answered on Mar 10, 2023
I am sorry for the loss of your mother.
I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest... View More
The land belonging to the senior. If a beneficiary is added to the land title? Is there restriction if the land is under a land contract?
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answered on Mar 9, 2023
There is no minimum, and I have seen the State pursue to sale a $ 17,000 lien. The owner needs an attorney to look at options, for which time is a consideration. There are criminal sanctions involved, so it is serious. With a house and alot of acreage, very good options exist.
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