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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
if wife passes before policy is cashed out; who is entitled to her part of the life insurance?
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answered on Jan 13, 2022
More than likely the Wife's Will Beneficiaries or her Next Of Kin. But there may be alternative beneficiary designations. In any event the Policy Beneficiaries may need a lawyer to make a claim on that Policy.
What happens to this debt when he dies? He is listed on the deed as having a lien on the property.
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answered on Jan 5, 2022
I do not understand that there is a lien in the deed language. Vendor's Liens have not been used for over 80 years. You are probably an heir if not the sole heir. If the sole heir, you also own the debt against your property, if it actually exists. Hire a competent attorney to search the... View More
Since my brother had no will, I understand that his estate must go to probate especially since he had real property. Will assets in probate court be distributed evenly to me & my mother (we are in TN)?
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answered on Dec 5, 2021
If your brother died with no will, no surviving spouse and no living descendants (children or grandchildren of his own), then his entire estate goes to his then living parent(s).
The father had 4 children. 2 are adults now, 1 other and mine are minors. At time of death the father was still paying child support. The sister n law has been given Administratrix over the estate. I read somewhere that child support would have to still be paid up and would come out of the estate... View More
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answered on Nov 23, 2021
You need to make a claim in the probate case, and don't delay because there are very short deadlines. You should hire an attorney to help you with this.
In the state of Tennessee.
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answered on Oct 27, 2021
There is no one size fits all answer to your question. Sometimes a joint trust is appropriate and sometimes separate trusts. For advice personalized to your individual circumstances, you should schedule a consultation with an experienced estate planning attorney.
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answered on Oct 18, 2021
Some necessities and medical bills can be asserted against the surviving Spouse. But if no Probate Administration, it will be difficult for the Creditor even find a Defendant to serve. If the Decedent had real property, a Judgment Lien could be a real problem.
Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... View More
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answered on Oct 15, 2021
Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a... View More
My daughter and Fiancè have informed us they don’t want the responsibility.
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answered on Oct 3, 2021
An estate planning attorney would need to review your trust in order to answer your question. The answer will initially depend on whether your trust is revocable or irrevocable. If revocable, you can most likely do this by amendment or appointment. If irrevocable, you have to follow the rules in... View More
My step dad’s will allowed my mom to live in home until her death. Then house must be sold & proceeds divided among heirs. She passed. Is probate necessary?
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answered on Sep 27, 2021
Probate of the Will or your Mother's Estate? If your Mother was not a
surviving tenant by the entirety then only through the Probated
Will did she take the fee. Otherwise it was a 1/3 or 1/2. If his will was not probated, then there are several heirs from both... View More
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answered on Sep 22, 2021
There no law that requires you to update any of your estate planning documents when you move from one state to another, but it is always a good idea to at least have them reviewed by an estate planning attorney in the state to which you have moved.
With him at time of death. Can’t locate a Will. His girlfriend is making it seem like she doesn’t want me to look through anything or take anything. What rights do I have and she have? She still at his house.
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answered on Sep 13, 2021
Absent a will that leaves things to her, your dad's girlfriend has no rights. You need to hire a probate attorney right away to get a probate case started in order to transfer assets to your dad's heirs, his children. The court-appointed executor may also need to hire an eviction... View More
Father had added a Memorandum of Tangible Personal Property to his will 11 years after he did his revocable trust agreement. The memorandum meets all the requirements: hand written, dated, and clearly understood. It is also mentioned in his original trust.
This was shown to the estate... View More
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answered on Sep 5, 2021
There are some things that can be passed by memorandum and some that can't. Also, the items need to be in the trust in order to pass by memorandum referred to in the trust. You might think about taking all of the documentation that you have to another attorney for a second opinion.
I’m her only child, she’s been divorced for 30
Years. She lived with me the last 8 months for health reasons. The checks are all under $100 like from xfinity and insurance and apartment deposit. How do I cash them? Is there a form I can get to show along with her death certificate?
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answered on Aug 27, 2021
If the checks add up to less than $10,000, and if there are no other assets in the estate and no probate has been opened, then you can try waiting 90 from date of death and then approach your bank about negotiating the checks to you as the next of kin pursuant to TCA 45-2-711 or TCA 45-3-524.
Father passed 16 years ago. His will stated the home is to be left to mother, then following her death, the property is to be split between 4 adult children - 3 father's biological, 1 mother's biological. The deed is in mother's name and she has maintained the property solely.... View More
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answered on Jul 20, 2021
It is not possible to answer your question without actually seeing your father's will and also reviewing the probate case, if there was one. It would also be necessary to review a limited chain of title to see how title ended up in your mother's name. You should take all of this... View More
Now the person is in their 40’s claiming to be a biological child and got a post death DNA test.
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answered on Jul 6, 2021
TCA 36-1-121(e) provides:
An adopted child shall not inherit real or personal property from a biological parent or relative thereof when the relationship between them has been terminated by final order of adoption, nor shall such biological parent or relative thereof inherit from the... View More
mother had a will leaving everything to my husband and his sister who died 30 yrs ago with no heirs of her own. there is a house and 2 small lots in Arizona, plus an older minivan, checking account and savings account. we gathered death certificates for his dad, sister, and mom and tried to file... View More
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answered on Jun 28, 2021
Yes, probate is how wills are administered. That said, a whole lot more information is needed to determine exactly which probate process(es) is/are needed and in which state(s). If the decedent had real property in multiple states, for example, you might need a probate attorney in each state.
What's a notice by publication.
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answered on Jun 26, 2021
Notice by publication serves to give the person notified notice of the matter or proceeding when the party pursuing the matter isn't certain that they have the correct mailing or service address of someone. It sounds like you have received both actual notice and notice by publication (which... View More
Father left house to one of his kids and lifetime residence to spouse via a will to avoid probate. Assets on the property were not addressed in the will. Lawyer said assets do not belong to the child who inherited the house and should be divided amongst spouse and other children. Is this correct?
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answered on Jun 15, 2021
If the Will is not probated, it has no effect. And the purported Will probably does address both real and personal property. Without the Will being probated, the Heirs At Law own the real property and the Next of Kin (same as heirs) own the personal property. With no Will, the Heirs are all... View More
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