Get free answers to your Estate Planning legal questions from lawyers in your area.
I believe my brother overlooked an entry.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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)?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
