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Grandmother always said she didn't want her assets in probate court, but it went straight to probate. Some of the properties she didn't even own in the oldest will and testament that was presented. She had a new Will made up signed with 2 witnesses, and a notary... The notary still... View More 
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answered on Aug 1, 2023
You need substantial proof to contest a Will. Consult with an attorney, but it does not sound like a good case. Alot of time has passed and that destroys evidence being presented.
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answered on Jul 31, 2023
If someone is violating the sex offenders registry laws in Tennessee and has custody of children, it can have serious implications for the custody arrangement.
In cases involving a registered sex offender, courts prioritize the safety and well-being of the children involved. If a parent or... View More
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answered on Jul 24, 2023
If your unresponsive relative is unable to make a decision regarding power of attorney, you'll need to go through the Probate Court. By petitioning the court, you can be appointed as their guardian and/or conservator. Guardians are responsible for the relative's physical wellbeing,... View More
My parent's have a car title with that states my father OR my mother. My father is passed away and divorced from my mother before he passed. My dad also payed off the rest of the loan on the Cadillac car in question after they were divorced and before he passed. Since I, the son, am executor... View More
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answered on Jul 20, 2023
As far as the County Clerk is concerned (that is who handles motor vehicle titles in Tennessee), upon learning of your dad's passing, they will consider your mother to be the owner. That is because it sounds like they never updated the title during the divorce like they (probably) should... View More
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answered on Jul 19, 2023
Was the Will filed for Probate? If not, it has no effect. If Probated, then the executor should have transferred the property to the legatee with a Receipt. A motion can be made in Probate Court, or an Action to Recover Personal Property in Sessions. If there was a Bond, a claim could be made... View More
She actually left me on 6/30, before my pension began. I have documentation proving the date of abandonment. I am trying to complete a quick and easy divorce by using the documents that are provided on the Tennessee government website. However, it states I cannot use these if I have a pension.
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answered on Jul 13, 2023
Hire a TN attorney to file the Divorce. Defendant may agree to IR Divorce, but if not you will need grounds. In a contested DV, she will discover the Pension property and claim it is marital property. If you cannot get her to agree to an IR DV prior to filing, you may not want to file the DV.
My mother passed recently and was put in nursing home in June 2020. Signed up for personal choice with State and also had Medicare. However nursing home bills are paid but State saying I’m responsible for my mother debt they paid while in nursing home. I am unaware of this debt? Now they want... View More
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answered on Jun 14, 2023
Hire an attorney for advice on asset protection, exemptions, and also prepare to defend against the State's probable lawsuit.
My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced... View More
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answered on Jun 8, 2023
If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA... View More
I'm 18 and male. Four years ago when I was 14, my mother was going to visit her friend who lived in the countryside for a few days and she took me with her. While we were walking over to her friend's house, I slipped and fell in the mud. When we arrived at her friend's house, my... View More
answered on Jun 5, 2023
Generally, you cannot successfully sue someone unless their actions or inactions caused you to suffer actual legally compensable injuries. Your question does not mention any such injuries, and it is difficult to imagine how the facts you describe would likely result in any such injury.
I have recently been through heck and back since February of this year, My mom passed March 13th 2023 also, but my child’s father has not seen or talked to my daughter for 7 or so months, we have a court order for child support since 2017 . The last payment received was 12/12/22. When they try to... View More
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answered on May 30, 2023
Go to the local Child Support Office and take all your court orders about your child with you. They may be able to help you. If that does not work out, contact Legal Aid. You may be able to get a pro bono lawyer.
My mother and aunt were in charge of his estate I'm guessing. I have had zero contact since the day I testified. I have always wanted to sue him but was afraid to see him. Now that he is gone, can I sue the estate? Conviction happened in Tennessee. He was a resident and passed in Mississippi.
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answered on May 26, 2023
Looks like he died a MS resident. You might check in County of death as to whether there is a Probate or not. If so, then consult with a MS attorney about possibly filing a claim. But any suit for damages would have to be in TN where attack occurred, and your SOL ran a long time ago.
After 2 years of marriage, my husband wants a divorce. I have no money. Husband has about 300,000 in assets.
I want to make a small reasonable request so I can have money to rent me somewhere to live. I live in TN.
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answered on May 23, 2023
That short marriage does not give you an interest in his separate properties. Instead you should have your lawyer demand what you need to transition for the next five years, and not agree to an ID divorce until you get what you want. Without an agreement, he will have to prove grounds for the... View More
My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More
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answered on May 12, 2023
Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... View More
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answered on May 1, 2023
Ask your lawyer or the Plaintiff who is suing you to correct your name. But it may be to your advantage that they do not get a judgment against the right party. I suggest you consult with an attorney first.
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answered on Apr 19, 2023
If the obligee is the affiant, then you can present it in Court where the obligee is a party. Otherwise it is inadmissible heresay. With any other affiant, subpoena them to Court to testify.
My son was removed from his grandmother's house illegally without a signed court order from the judge. and his wife who also is an attorney was a assistant Council for the Department of Children Services is that legal or is that a conflict of interest. I know what my answer is but I want to... View More
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answered on Apr 5, 2023
No obvious conflicts shown. It sounds like he is practicing law in an area he knows well. Hire your own attorney.
I paid a divorce attorney in February 2022 to get a divorce, it went on for 11 months because my wife could not be found and, therefore was never served with papers. We made 1 court appearance and that was to get permission to run an add in the local paper. Soon thereafter, my attorney quit,... View More
answered on Apr 2, 2023
I assume the $1,000 does not include your filing fees, service fee, publication fee, or the ad litem’s fee.
Even then, $1,000 is awfully skinny to start a divorce case particularly if the attorney knew in advance you didn’t know where your wife is.
While you can sue, you might... View More
and no one has filled for probate. With little amount of stuff, will this even go to probate? Can the house be transfered to son with a balance still owed?
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answered on Mar 27, 2023
If no Will probated, home is owned by heirs as tenants in common, subject to Deed of Trust. But if Note is not paid, foreclosure will occur. After 45 days from death, a
Small Estate Affidavit could be filed if personal property under $ 50K. If Probate is not needed, then do not file.... View More
can they get a warrant out on someone without facts after threatening other parties. making accusations
answered on Mar 27, 2023
Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... View More
Hello, I recnetly moved from TN to TX where I have a current parenting plan with my child's father. We currently have 90/10 custody/visitation set up where he gets every other weekend. I sent my notice to the father of relocation via certified mail 63 days before the relocation (PCS orders) .... View More
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answered on Mar 21, 2023
You went above and beyond, including sending a notice to the Court. If you made copies of the letters, hopefully you sent them by certified mail, then you should be ok.
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