From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.
My siblings and I inherited riverfront property which I don't use. My siblings, who along with their kids use the property, won't buy me out. I don't want my kids to inherit the 'problem' and am looking for a way to solve the situation. Can I trigger a market sell? Or some other action?
My deceased father's WILL listed monies from a home that was sold outside of the current estate to be used for payments but that account was co-owned by my father and I which I was told left me as the owner. I was told I did not have to use those funds to pay the mortgage but I did anyway... View More
It sounds like you were joint owner of a bank account, which left you the sole owner at Father's death. So the Will did not include such money even if it had such a clause. The remaindermen takes the real property as they vests in possession, which here is subject to a Deed of Trust. If...View More
Anyone can sue anybody for anything so, yes, you can be sued. The real question is who would win. Most likely you would win, unless there are other facts that you have not provided. You can take some comfort in knowing that it is unlikely that any (good) attorney would take that case on behalf...View More
Gifts transfer ownership of the gifted item from the giver to the recipient(s). Items your sister gave her parents belong in their estates. They do not automatically go back to her. If she wants those items back, then they would come out of her share of the estate.
My dad's will has specific details on what to do and my sister is not complying with anything. She won't even respond to my text, call's, or email. I need help. I'm going to be homeless if she isn't going to help me.
A Tennessee attorney could advise best, but there was urgency in your post, which must have gotten overlooked in the "Uncategorized" heading. Repost your question in the Probate and Estate Planning categories, or you could also reach out to attorneys in those categories. There's a...View More
Home owned solely by her she her voiced wishes without a will to have the home transferred to my brother and I and set to transfer to her grandkids and for us to let her husband live in the home till he passes and us make sure he is cared for. Her husband agreed to honor her wishes and voiced this... View More
If Mother owned the home individually, then you, your brother and her Husband each own 1/3 undivided interests as tenants in common. No Detainer Warrant amongst the owners, but the grandchildren could be ousted. A Partition Suit may be in order. Someone has to keep paying taxes.
My dad was put on my grandma's will as executor and when she passed he wrote a text message denying the rple as executor I was then forced to take care of everything regarding my grandma's funeral my dad then went to the bank and told everybody he is the executor. I ended up paying For... View More
Depending on the size of your grandmother's estate, you need to start a probate proceeding and have yourself appointed as the executor of your grandmother's estate. If her estate is smaller than $100k, then you can avoid probate and handle it via a small estate affidavit. An attorney...View More
The court appointed the probate lawyer to be an administrator in my husband 's estate,so basically I would like him to be removed from this position and estate to be closed. I just simply do not trust him.
That is a motion to remove the administrator for cause, and maybe an accounting. You will need some definite reasons to talk the Judge into removing someone he appointed a fiduciary. Not trusting him will not suffice. Also a proposed successor administrator will need to be suggested, such as...View More
In the "old days" attorneys did routinely hold original wills in their safes. This was in part due to the fact that most regular folk could not afford their own safes and partly due to the attorney's desire to handle the probate when the client died. Now that safes are more...View More
For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... View More
That is a good question because the surviving spouse's share is different depending on whether or not there is a will. If there is no will, like my colleague Mr. Avery stated, the surviving spouse's share is determined by the laws of intestate succession. At the risk of oversimplifying,...View More
We were gonna do a prenup but we did not realize it was so complicated. All I need to do is protect some assets(i.e. inheritance, brokerage accounts, etc.) from my future wife's creditors, lawyers, or a judge in the unlikely event of a divorce. We have cohabited for 12 years and all our... View More
Assets in your name acquired before marriage are not marital property by statute. Those items cannot be garnished just by way of marriage; a judgment of any type would need to be against you for a creditor to garnish/levy the asset. If you have significant pre-marital assets, you would be wise to...View More
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