Get free answers to your Estate Planning legal questions from lawyers in your area.
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.
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.
My stepdad passed away in October and he had a life insurance policy which I am the Beneficiary of he also lived with me and my wife for the last two years before he passed the life insurance company is doing an investigation because this policy was written 6 months before he passed, the death cert... View More
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answered on Mar 20, 2024
Being a designated insurance beneficiary does not give you standing except to sue on the insurance policy. If under $25K, you might file suit against the carrier in General Sessions. I suggest hiring an attorney to pursue your policy amount. It will be difficult if you do not have a copy of... View More
What if l die before my dad? Will my sister get everything or will my daughter inherit my portion. His grandchildren are not named in will.
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answered on Feb 5, 2024
Your question cannot be answered without reviewing the will. It could go either way. It depends on how the will is worded. You should schedule a consultation with a probate attorney in your area.
I looked up Tennessee law and it says if someone dies without a will the home is divided between the children and spouse with spouse receiving no less then one third.
The deed says : My fathers name and his wifes name there heirs and assigns forever in fee simple
Grantor covenants... View More
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answered on Jan 26, 2024
Ownership of real property by husband and wife creates a tenancy by the entirety unless the deed specifies a different form of ownership. When one dies the other becomes the sole owner.
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answered on Dec 18, 2023
Read the recorded Deed of Trust, and a copy of the Note if available. Usually acceleration occurs, then default. Then three foreclosure notices in the paper before the Courthouse door sale. Usually anywhere from 45 days to 4 months.
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answered on Dec 14, 2023
If you cannot locate it, then make a new one which will revoke any others. Make sure it is drafted by an attorney and executed according to Statute.
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