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
I believe my brother overlooked an entry.
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answered on Jun 14, 2022
You will have to ask your father for a copy. He is the only one that has the authority to release the original or copy of his will, for as long as he is alive.
We went to the bank during COVID to have our will notarized; there were only 2 people at the bank therefore, the notary notarized it, signed as a witness and the other person was the 2nd witness. Is this valid/legal or do I need to have it redone? We drew up the will ourselves online.
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answered on Jun 7, 2022
Will execution must be perfect and you will need a competent attorney. The need for Probate must be examined first, then you plan your Estate. Otherwise after you die it will be a mess, and the proposed document will be thrown out.
17 yo boy, guardians were in place till he was 18 (5 months) They registered 2 cars that belonged to boys grandmother in their name after her death. No will. They just said the grandmother told them they could have them. Never got the boy the SSI he was entitled to either. No other heirs.
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answered on Jun 1, 2022
If the boy is the Next Of Kin, then the cars are his property. If not, then the rightful Next Of Kin should file suit in Chancery. You are not allowed to sit on your rights.
I've been taking care of a family friend for the past 2 years and recently he had his leg amputated. His sister came down from Chicago to visit with him. We both were his medical POA. Until his sister tried to put him in a nursing home far away from anyone. He then took her off as POA, now... View More
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answered on May 27, 2022
You are not legally obligated to hire an attorney to represent you. You can legally represent yourself. However, you will probably obtain a better result and have more confidence with what you are doing if you hire an attorney to help you.
Family property left to children
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answered on May 19, 2022
The Testator can ask the Clerk & Master of the Chancery Court to hold onto the original Will until it is needed by the Executor for Probate. However it is not required and is rarely utilized. Usually you have to search for the Will amongst the Decedent's belongings. A copy of a... View More
If I get divorced from my current husband will this money be protected? Could he take half of it or is it safe since it’s in her trust fund.
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answered on May 11, 2022
Do not create this Trust yourself. Hire a competent attorney to draft a simple Trust, possibly Spendthrift, without anyone else but the Trustee knowing. It will be difficult to keep it out of a divorce unless it is set up right and only certain people know about it. You will probably not... View More
He died without any insurance I was trying to get the money to go toward his funeral expenses. I’m his biological son
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answered on May 5, 2022
You can check to see who are the authorized signatories on the account with the Bank. But if he owned it individually, noone else has access to it right now. Sometimes a Bank will consider an Affidavit of Heirship as evidence of the Next Of Kin entitled to the personal property. Otherwise you... View More
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answered on May 4, 2022
You will be contacted by a guardian ad litem appointed by the court to interview you. Explain your wishes to him or her.
You will also receive notice of a hearing. Attend the hearing and present your arguments.
Finally, consider hiring an attorney to represent you.
Does our Trustee use the document to change deeds, titles, etc. upon our death?
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answered on Apr 3, 2022
The trust itself is ordinarily not recorded. But you might need to record a much shorter certification of trust some day. The attorney who helped you prepare your estate plan can help you with this.
She was on Medicare and debt free except for some final hospital expenses. Can we change the deed over to our name to begin renovations or does it still need to go through probate? Thank you.
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answered on Mar 2, 2022
You have something mixed up: either she conveyed it to you and your wife; or died owning it. If she did not deed it already, then it is owned by her Heirs. In that circumstance, hire a competent attorney to search the title, determine heirship and record an Affidavit of Heirship.... View More
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answered on Feb 23, 2022
No... Consult a competent TN attorney to examine your contract and look for contingencies not met. Specific Performance suits are not common.
My cousin is the Trustee and I have been in prison for a few years and don't know if there's a will or what to do. Advice would be greatly appreciated.
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answered on Feb 19, 2022
Your question cannot be answered without reviewing the trust and the deed, but chances are there is not a whole lot that needs to be done with respect to the titling of the property. The wonderful thing about holding land in a trust is when the settlor passes no probate is necessary.
My mother died last week and my sister has a copy of a will that leaves her everything. She may have the original but I have not seen it. Will there have to be a reading or anything else to prove a valid will?
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answered on Feb 13, 2022
The "reading of the will" is something that happens in movies for dramatic effect. It is not something that happens in real life. In real life the way a will is proven is through a process called probate, which is a type of court case. The person who has possession of the will is... View More
when i was 3 mo old my mom met the man that would legally adopt me as his son, my mom passed away, a few years later my dad also passed away. I was still a minor, and was left to live with this relative...then passed around to the next relative until I turned 18 and was totally left on my own.... View More
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answered on Jan 31, 2022
As a practical matter, the personal property is probably gone. But that Deed is interesting. You need to search the title and check the taxes. It might be a very good case for a Partition Action. You will have to hire a competent TN attorney that knows real property litigation.
My mother has a home that I know she wanted to leave with me becaused we've discussed it. I had a brother who passed away recently after my mother. My brother and I were in the process for me to have full ownership of the home because he was ill and residing in a nursing home and did not want... View More
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answered on Jan 24, 2022
You have not stated what the title is. But it may result in you and the Son being tenants in common. If so, you may wish to have a lawyer draft a Deed with a proper derivation of title clause, and try to buy him out. Remember taxes, insurance and note payments must be made, or a foreclosure... View More
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