I called around and no clear answers. I am in Florida and don’t know what to do.the information online is wrong and I am starting to think he is lost in the system. Is there any number or person I can call to help. Tried Williamson jail where he is they said he is state property looked online and... Read more »
I suggest you contact the court clerk - if he is serving a sentence for a criminal offense, there is paperwork at the courthouse that says what he was convicted of, and what his sentence is, and whether it is to be served in the local jail or the Tennessee Department of Corrections. If he have...Read more »
Annullment is not an option in Tennessee. And just filing divorce on grounds of fault does not get a divorce. Hire a competent attorney for your Father to start transferring assets now. Life Estate/Remainder Deeds and/or Trusts might be good options for some more important assets. But it must...Read more »
I cared for my husband through 8 years of Alzhiemers, he didn’t leave a will, but I was his POA. Step kids are trying to also take a portion of my house in Tennessee. Step daughter made herself executer of my husband estate ,even when I told her he had nothing subject to probate. Now his brother... Read more »
Your heirship intestate succession rights should be governed by Tennessee Law, which is very similar Nation wide. You probably need a competent Mississippi attorney to represent you, a long time ago. File an Affidavit of Heirship in Shelby County Register of Deeds and start using it. You have...Read more »
My daughter filed claim to MIL’s estate for $5000 for loan she and husband took out to pay MIL’s burial expenses. Her attorney said it would be a “priority claim.” Probate attorney has not paid it, refuses communication with them. Also, without telling any of the other 3 heirs, made a... Read more »
Possibly- on some occasions, a court will approve a private sale of property if it can be shown that the private sale is for a reasonable price. Selling at auctions will involve advertising expenses and a real estate commission ( even if the court clerk acts as the sales agent, they too will take a...Read more »
You have not stated anything different. But apparently there are Co-Trustees, not Co-Executors. And you apparently do not know if the Will is Probated or not. Again find out if there is a Probate. And again hire a competent Tennessee attorney to look into this. Finally a viable Trust will...Read more »
In the State of Tennessee. My sister is Executor over my Mothers estate so to speak. There is a Trust for 4 Children. Sister is Executor and younger Brother is second signer. First, I ask for a copy of the will Sister refuses to give me one. Can she be forced to give me one? Second The Trust... Read more »
Your question does not make sense. It sounds like there is an established Trust and now someone died with a Will. If so, the Trust Assets probably have nothing to do with an Estate unless the Mother was a Trust Beneficiary, where her interest would then be governed by the Trust Terms and then...Read more »
Unless you believe you are mentioned in the possible Will, it is not your concern. A locksmith can take care of the safe, and unless you are very sure you are in the Will, that operation is for immediate Family only. If you believe you are in the Will then call a competent attorney today, as...Read more »
All of a sudden we were told the investment account was dissolved, we were named in a will but the account is dissolved, so what do we do now, we're confused as to why he forgot to issue our check left by the deceased.
Apparently you have no idea what is going on. Initially you need to examine the Probate File at Court, to see what is happening . The Will may or may not have been Probated. Then you may need a competent attorney to inquire of the Executor where your money is. The Estate may not be closed yet...Read more »
My father passed away before he had it settled in court she has a grown son whom she had a restraining order against up until she passed and i don't know who is intittled to the stocks now would it be me since everything went to him and then when he passed i was his only hier I'm lost please help
Under Tennessee inheritance law, if a person dies without a will, their surviving spouse AND the children share whatever the deceased owned. Sounds like you own half ( the half your father inherited) and the son owns the other half. However, you don't specifiy whether your father had a will, and...Read more »
We were separated but not legally, He passed suddenly was living with friends. I had to give permission to halt medical treatment and to cremate him. But can't get a death certificate because friends he lived with aren't cooperating.
If he had no will and no children, under Tennessee law, you as the surviving spouse are his sole heir and entitled to inherit his estate and you also have the right ( but not the duty, if you elect not) to serve as the administrator/representative of his estate. Consult an experienced probate...Read more »
The property includes a bank account. Since the quit claim is for real estate, how are bank accounts outlined and settled in the Probate process? I am currenty Estate admin of the account with restricted access from the bank. What paperwork do I need to have the restrictions removed?
If you are the administrator of the estate, you received a document called "letters of administration" from the court clerk when the estate was opened. If you didn't get this , or if you have lost it, you can always go back to the clerk's office and get a certified copy. These "letters" are your...Read more »
My parents died in 2011 and 2014 respectively. They had a pour over Will and a Revocable Trust. The Revocable Trust became Irrevocable automatically upon my mother's death in 2014. The Trust does not itemize any property. It just has a generic statement that they intend for the Trust to receive... Read more »
If the real property was never conveyed into the Trust, then it is not part of the Corpus. Was the Trust ever in effect? Without a Trustee, there is no Trust. You may be creating a title problem when it did not exist previously until you started telling the world. Hire a competent attorney ....Read more »
You did not say whether the Mother's Will was Probated or not. If it was, and the Parents owned the real property as Tenants By The Entirety, then those Will Divisees are owners or their Heirs. A copy of the Probated Will should then be recorded in the appropriate County. If no Probate then you...Read more »
TN Unclaimed states that over $10,00.00 they must reopen Probate Court & contact all family. $10,067.00 from unknown Life Insurance. Father's will left property, real estate, money to me (Son) & (1 Grandson). Second Son (my brother) was basically omitted from the will. Second Son sued in an attempt... Read more »
I would recommend hiring a competent attorney to file a Small Estate Affidavit. The Trust may have messed up the Insurance. Be careful about what County you file in. Only other alternatives is to record an Affidavit of Heirship, and either ask or/and sue the Treasury for the money. It might...Read more »
Last 4 years of my fathers life I took care of him by doing anything and everything that a person who can barely walk and who can’t drive needs to have done. My dad told me that If I did those things I could live with him rent free and he’d help me with anything I needed. Year one I helped... Read more »
There are a lot of considerations in this type of situation. If you have an advanced directive, which is essentially a power of attorney for health care, and a regular power of attorney for financial issues, that will help. The next consideration is nursing home care, and, statistics show that a...Read more »
Ok my wife got interstate probation transfered to Indiana from Tennessee there was a domestic issue in the home probation officer told her she had to go live with her uncle in Kentucky gave her a travel permit on her visit to probation she failed a drug test and probation officer call her uncle ask... Read more »
First of all, violation of probation is treated seriously. It really depends on the PO and the judge. Some of my clients get violated after 4 times, and for others it is earlier. There are a lot of scenarios. Jail time is common; however, a lot of time if you are working, you can do it on...Read more »
Are supposed to split the estate “evenly” with the spouse getting at least 1/3, but we know we didn’t get our shares considering his lifestyle and what we received. He has a girlfriend who has offered to invest money if he included in his will that my siblings could still own the house, while... Read more »
You are confusing intestate secession with the home's title, which may or may not be defined by intestate secession. If Mom bought home with spouse, then it is probably Tenants By The Entirety, that is he owns it period. You might check title carefully, as they may not have taken as husband and...Read more »
Beginning 2014 my father became unable to care for himself and long story short my brothers kicked him out of their homes and he ended up with me. During this time I was harassed and threatened by my brothers. I did my best to preserve my fathers assets and never spent money without his... Read more »
You do not state if the Estate is suing you or whatever. You may wish to make a Claim against the Estate yourself. Hopefully you did not have your Father's Power of Attorney. If you did, you will have the burden of proving everything was done for his benefit. Try to produce receipts or checks...Read more »
For an update, the person opened probate and got the papers and did not have a death certificate and over 2 months later in probate court the Judge mentioned the court never received a death certificate.
Your question is unclear- by saying there is no death certificate, are you saying the person is not dead?! Tennessee has a statute which sets an order of priority for those serving as administrator of an estate (when there is no will). Usually a will contains a paragraph naming who is to serve as...Read more »
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