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.... Read more »
answered on May 14, 2023
This question demonstrates a problem with relying on beneficiary designations as an estate planning technique (yes, even for life insurance). When more than one person is named as a death beneficiary, with nothing more, there is an ambiguity created as to what should happen if one of them... Read 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.... Read 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... Read more »
My father passed a short while ago. In roughly June of last year, he was involved in a vehicle crash at work and was going through the process (rehab, etc.) of settling the lawsuit. Per his lawyer, I would need to open a small estate to settle his case, and he would make a demand once the estate is... Read more »
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answered on Apr 10, 2023
You should be able to file the Small Estate Affidavit in Chancery or Probate yourself, but if unsure hire an attorney. Bank Accounts and Car are assets. Cause of Action is also an asset, which you should estimate value. Affidavit is for Personal Property under
$ 50K. Some Courts... Read more »
Both parents have passed but the poa was submitted to gain access to bank, social security and life insurance plus submitted to court. I want to know as the oldest child and now executor what I can do to have them accountable for their actions?
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answered on Mar 19, 2023
If you have evidence that your siblings have submitted a falsified Power of Attorney (POA) to gain access to your parents' assets, you may want to consult with an attorney who specializes in estate law to discuss your legal options.
One potential course of action may be to challenge... Read more »
They presented it to the bank, social security what legal actions can I do to charge them if any accountability on their part for doing this? I am the oldest as well as the executor of the estate
answered on Mar 18, 2023
You can file a petition to nullify the POA due to your mother’s lack of capacity, which you can prove with medical records and doctor testimony.
After the POA is nullified, you can file a petition for the appointment of a conservator for her. The conservator will be required to account... Read more »
My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... Read more »
answered on Mar 10, 2023
I am sorry for the loss of your mother.
I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest... Read more »
She is said to have left Me a house and land
answered on Mar 6, 2023
Call the probate court in the county in which your aunt had lived to see if a probate has been opened. If yes, request a copy of the petition and her will and the letters of administration and the final order of distribution. Also search the land records with respect to the properties in question.... Read more »
She is said to have left Me a house and land
answered on Mar 6, 2023
If you believe that you may have been named as a beneficiary in your great aunt's will, there are several steps you can take to try to confirm whether this is true:
The first step in determining whether you may have been named in your great aunt's will is to talk to other family... Read more »
Auto,s guns and much more taken an sold . They are taking from my mom which is elderly but is of sound mind herself
answered on Feb 13, 2023
First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... Read more »
He is survived by his living wife but she has multiple sclerosis and is living and being cared for in a nursing home. I have power of attorney over her. How can I get access to deposit, withdraw or close out my dads checking account?
Do I need to retain a lawyer?
What is the usual... Read more »
answered on Feb 8, 2023
The answer depends on a lot of factors that are not given in your question. What is the value of the account? Did your dad have a will or no will? Did your dad leave any OTHER assets that need to be retitled? For a reliable answer, my best advice is you should schedule a consultation with a... Read more »
A partition has been done[2023]. I'm 40 years old born in 82 and uncle died in 2005.
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answered on Feb 6, 2023
If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.
Is that considered as waste?
answered on Feb 5, 2023
There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.
To answer your... Read more »
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answered on Jan 26, 2023
I do not recommend you use any assets that are subject to Probate Jurisdiction until the Estate is closed and the funds are properly distributed to you. Otherwise it would be a breach of fiduciary duty, or there might be a late filed Estate Claim, another Will filed, etc.
A Judge is in favor of granting a decision for a plaintiff/defendant. If a party can prove that the adverse party has lied under oath multiple times could that change a Judge's mind? If it can change a Judge's mind how many lies should be provided to the Judge in order to do so?
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answered on Jan 23, 2023
Credibility of a witness may always be challenged, but that does not mean the other side wins. Hire an attorney to represent you. In Probate Court there sometimes are no actual hearings. Motions and other pleadings must be filed to even raise issues before the Court.
He had no will, but I was beneficiary to life and 401k and deed on house is specific. At the time of passing his father was still alive and his sister was trying to contest everything. She told me she was requesting executorship of estate through probate court. Since we were not married, I had no... Read more »
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answered on Jan 16, 2023
Your Deed is very important but you have not stated what the granting clause is, that is who owns it. You might own 1/2 , a fee or nothing. If you own an interest, a Partition Action might really work for you in Chancery Court. You probably had no interest in the other assets.
What is probate and is it required in TN?
answered on Jan 16, 2023
If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... Read more »
Husband is not my father, he has moved his son and wife in, and I think he’s priming the situation, to give his son the property at his death, as he is not as responsible as myself.
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answered on Jan 10, 2023
It depends on the Title. If she bought it as tenants by the entirety, then surviving spouse owns the fee. If she owned individually, you might own one half as an Heir unless she devised it elsewhere. Hire a TN attorney to search the Title.
inherit?
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answered on Nov 22, 2022
The Court may order it until Probate is closed. But Heirs take at death, not after the Probate is closed. You may move the Court to stop the renting and take possession. But the renter has to have a Detainer filed against him by someone with authority or ownership, unless he leaves... Read more »
house to her grandson and spent a lot of money remodeling it for him. She is keeping the rent money for herself. She did not have permission from me to do any of this. is it legal for her to keep the rents for herself and not go into the estate account?
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answered on Nov 16, 2022
Ask her for half the money. If she refuses, then file an action for a Sale For Partition. That will get her attention and a possible agreement. She can put others in possession. You could sue in Chancery for contribution, but it would probably not be worth it.
The land is in my name I pay the taxes probate court is over its been a year I want to sell a piece of the property that is in my name can she get half money even though she didn't didn't want anything to do with it or come forward..they still haven't but I'm just worried about... Read more »
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answered on Oct 20, 2022
Hire an attorney to search the title and determine heirship. Owners have rights, which include Partition actions. Land usually does not go through Estates, but Probate may have to close prior to clearing title.
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