He had property and 2 cars 1 worth about 38000 and 1 worth 7000 the will is in probate but she has sold the 7000 one I have lived in one of his houses for a year and a half. Can i contest the will to keep her from stealing all my sons estate
Anybody can contest a will but there is no guarantee of success and it will be expensive. If you think you can prove fraud or undue influence on the part of the girlfriend then you should schedule a consultation with a will contest attorney without delay. If you wait too long you can lose your...Read more »
it has been ongoing there is a settelment on the table but i dont know anything about it will i be held responsable for any monies if i dont apear i have rcvd nothing from the estate how do i defend againdt this action
TCA § 30-2-324. Court order dismissing probate case
(a) After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the...Read more »
I am sure there are attorneys that may be able to help you/your fiancé with this legal issue. What you are describing here could be a case in which a partition action is the best legal option. In a partition, a court orders the sell of a jointly owned property and divides the proceeds among those...Read more »
Then the Executor/Administrator must do his job and file a Final Accounting with the Court. It lists assets, debits, proposed fee awards, etc. Probate is not for a pro se representative. You need a competent attorney to represent you and help close that Estate.
It depends what the old will says. If your dad's wife had a former spouse listed in the will then the disposition or appointment of that property is revoked. As a spouse married for three years, your dad should have rights to a 20% elective share of the net estate. You should hire an...Read more »
Yes. So long as you have standing to contest the will - meaning you would have inherited if there was not a will or if you were in an earlier will. You will need an attorney to represent your interests.
I recommend doing nothing with the check. It is intended to go to your father to help with any financial difficulty during Covid-19. You could try to contact the IRS but no one is likely going to take your call . It would be illegal for you to personally cash the check and put it in your account...Read more »
My grandpa had lung cancer was very wealthy and told me and my mom all my life is always be taken care of. He said before he went to the va, before he got really sick, that he thought his brother was going to do something and he made sure nobody could get what I was suppose too. I have a copy of... Read more »
You may indeed have a Will Copy that should be Probated. And of course that will involve a Will Contest. But you may have waited way too long. Was there actually a Probate of the Will which disinherited you? The insurance probably had nothing to do with the Estate. You need to contact a...Read more »
That is a Bond payable to the other side or parties for a Will Contest to commence. Not exactly sure of your factual situation, but it sounds like the beneficiary is contesting the Probate of a certain document proffered as a Will. The Probate Court must certify that there is a Will Contest,...Read more »
No. Absent a will, in Tennessee your mother would get a share of the property and so would your dad's children. There is a process for retitling the property that will need to be followed. If you mother ever wants to sell or refinance the property she will not be able to until the retitling...Read more »
My grandmother owned life insurance policies on my grandpa and myself. We want to cash them out because they are horrible policies. They were supposed to transfer ownership to my grandpa but never did after we filled out the paperwork. Now they are saying we need all of my grandmother's heirs... Read more »
You did not state this, but it sounds like your grandmother has passed and there are things still in her name, such as these life insurance policies. You should contact a probate attorney to help you with getting those assets retitled. The type of process that will be needed will depend on more...Read more »
I am looking for advice on how to sell a piece of land that is still in my deceased father’s name. My father passed away in 2005. He was a resident of NY and his will was admitted to probate in the state of NY in 2005. Letters testamentary were issued with my sister and I named as executors of... Read more »
No. But closing an Estate can easily exceed two years and often does. Will Contests will affect the ongoing Probate obviously, and the Executor must defend the Will while maintaining, not dissipating, Estate Assets. This happens often and makes Probate expensive.
I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »
You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.
My total assets left are worth about $1,000 $500 for a car and $500 for clothes, furniture, etc Do I need to have my will probated in Tennessee? I may have some credit card balances, but no cash to pay
For an estate that small there is an abbreviated procedure using a small estate affidavit that gets filed with the court. The filing fee varies depending on whether the decedent had a will or not and whether bond is waived but it is usually about $105 for the filing fee and around $100 for the bond...Read more »
Not sure of your question. But if the surviving grandparent died intestate, then you are probably one of the Heirs At Law. Hire a competent attorney to perform a title search, and possibly execute and record an Affidavit of Heirship. If you are an Heir, then either intercede in the proposed...Read more »
If the Will is not Probated, it has no effect. Apparently the vehicle was intestate property, and goes to the spouse, and issue if any. They could file for Probate several years from now, but it does not sound like there is enough property to pursue such a proceeding against a surviving spouse....Read more »
There is no law requiring Probate, Testate or Intestate. It may not be practical to Probate the Estate , as it is a lengthy expensive process, and there may not be enough assets available. There are a lot of factors to consider, and in your case, are you an Heir At Law/ Next Of Kin? I...Read more »
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.