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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?
answered on Dec 14, 2022
You can force a sale (or buy out) through a partition action with the courts.
Is this a scam?
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answered on Nov 24, 2022
Maybe. Maybe not. Ask him for a copy of the death certificate and letters of administration.
answered on Nov 21, 2022
Yes, one can contest the probate of such a will under those circumstances in Tennessee. I would suggest you speak to qualified legal counsel to pursue this action.
I received a distribution check from a trust and an email from the trustee saying that the check closes out the trust.
The trust was created in Tennessee and is governed by Tennessee law.
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answered on Nov 4, 2022
If you are going to sue the Trustee for malfeasance, then do not cash the check. The Trust may have relevant terms to such distributions. The Trustee will argue that acceptance of the check waived any dispute about its amount. Hire your attorney now, but be careful about what Jurisdiction you... View More 
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answered on Oct 28, 2022
This can be accomplished by either amending or restating the trust, with restatement being more common for other reasons.
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answered on Oct 18, 2022
Without physical possession of a Will it is very difficult to prove its existence. You may wish to start an Intestate Administration, but first consult with a competent attorney to see if Probate is needed. Remember a surviving spouse cannot be disinherited, and is entitled to a large amount of... View More
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
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answered on Oct 12, 2022
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
Life insurance was in Kentucky. I live in Nashville TN
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answered on Oct 6, 2022
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
BOUGHT AND GAVE THOSE ITEMS AS GIFTS, OR DO THOSE ITEMS REMAIN AS PART OF THE ESTATE PROPERTY. MY SISTER AND I ARE BOTH EXEC. AS WELL AS 50 / 50 ON THE ESTATE. SHE THINKS SHE GETS EVERYTHING SHE HAS
EVER BOUGHT AND GIVEN MY PARENTS OVER THE YEARS. SOME OF IT FROM 20 TO 30 YEARS AGO. TO ME... View More
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answered on Sep 7, 2022
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.
answered on Sep 1, 2022
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
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answered on Aug 24, 2022
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.
answered on Aug 19, 2022
A last will and testament must be signed by the testator and two adult witnesses to be valid.
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answered on Aug 9, 2022
Usually if not in her name, she is not responsible. But a creditor can argue some debts were a necessity, like medicals, food, rent, etc, and still sue her.
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answered on Aug 8, 2022
Hire a competent attorney to determine Heirship, then and now. It will not be easy, and locating other Heirs may be impossible. Quit Claim Deeds or a Partition Sale may be the final result.
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
answered on Aug 2, 2022
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.
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answered on Jul 20, 2022
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
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answered on Jul 15, 2022
Yes, you can, but you shouldn't do this without the advice and assistance of an experienced estate planning attorney to make sure it is does correctly and that you make the right tax elections.
The company was Mid-South Estate Planning, which seems to have been charged with fraud or illegal practice.
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answered on Jun 28, 2022
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
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answered on Jun 27, 2022
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
answered on Jun 21, 2022
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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