Anthony Marvin Avery's answer There is no disclosure requirement for selling and assigning a Deed of Trust. And I assume you are trying to sell a Note secured by a Deed of Trust. You cannot assign a Deed, ever. If the prospective Note buyer wants one, you will have to give them something to get their business. But you probably need to sell your Deed of Trust and Note to someone else.
Leonard Robert Grefseng's answer Yes, I expect that in order to collect the death benefit from the life insurance companies, those companies will require "letters of administration" and that means submitting the will for probate. I know incurring the expense of probate does not make much sense in your particular situations, but those big life insurance companies have their rules and in y experience, they are not flexible.
Anthony Marvin Avery's answer If the will is not filed for Probate then there is no will. The laws of Intestate Succession will then control on who owns both real and personal property. Most Tennessee citizens die with no will probated.
Hire a competent attorney to determine who owns what, and file for an Administration before the Probate Court for Dekalb County if necessary.
Anthony Marvin Avery's answer In most circumstances, the Deceased Brother's Issue take his share by representation. Even if the Will is not Probated, the Issue will still take just as much as you will. Anti-Lapse and Intestate Succession Statutes control the distribution of your Mother's properties.
Leonard Robert Grefseng's answer Under Tennessee law, if a person dies with out a will, their property ( both real and personal) is inheirited by the surviving spouse ( if any ) AND the children of the deceased. Check the your local courthouse ( the county where your mother lived at the time of her death) to see if any formal papers have been filed to administer her estate. Consult a local probate lawyer for advice on your specific situation.
Anthony Marvin Avery's answer Why did you file for Probate? I suspect you attracted problems by doing so, and probably had no reason to file. If the Title Company does not wish to handle the transaction, then find another purchaser. You needed a Title Search, Affidavit of Heirship and then a willing purchaser. But that was without Probate. Now you may very well have brought enough debt collectors notice so that the real property may have to be put up for sale in order to pay off the Estate. There may have been a...
Anthony Marvin Avery's answer Unless there is a Will filed for Probate, then there is no Will and no Executor. Apparently you have not filed the Will for Probate. There may be an Administration going on. Hire a competent attorney to find out if there is a Probate Action, and decide if you need to Probate the Will or take other actions to obtain your rightful properties as an Heir and Next of Kin.
Anthony Marvin Avery's answer You probably need a Title Search and file an Affidavit of Heirship/Next of Kin. That will be your source of title, then sue the Uncle in General Sessions for an Action To Recover Personal Property, along with a Detainer Warrant.
As to the "hidden" truck, there is no easy answer- it has to be somewhere so you may have to do some detective work ( checking her relatives, friends, etc- anybody who may have given her permission to park the vehicle on their property). The most expensive way is to file a lawsuit to recover the property and ask her in court where the title certificate and vehicle are located.
Leonard Robert Grefseng's answer There is still a process for the administration of the estate when the deceased does not have a will. If the disabled child is an adult ( over age 18) it sounds like some relative would have to come forward and serve as her "conservator." As the court approved conservator, this person would have the legal authority to sign and make decisions for the disabled child. Under Tennessee law, the children and surviving spouse, (if any) of the deceased are the heirs entitled to inherit whatever assets...
Anthony Marvin Avery's answer You need to hire a competent attorney. A Title Search and Affidavit of Heirship are in order. Then try hard to get a payoff figure on the Debt through the end of a certain month where the Sister will close on the Purchase. The Affidavit is your source of Title which is placed in your Derivation Clause in the Deed from you two to your Sister. The attorney takes the Purchase Money and pays off the Debt, receiving a Release which is recorded, at your Sister's leisure. You two execute a Deed...
Leonard Robert Grefseng's answer You must submit the will for probate in order to confirm his desire to make you the recipients of his estate. Contrary to much misinformation which is popular for those individuals selling living trusts, etc, for most estates, the probate process is simple and inexpensive. Consult an experienced probate lawyer ( and shop around, talk to more than one) for the specifics of your situations.
Anthony Marvin Avery's answer You will need to file an Exception to his Claim at Probate Court. You probably will defend that there was no contract for his services. Also in this case, he was paid for everything he did already. It was obvious that he would file such a Claim when he called you. So why did you Probate the Will? You were his only Next-Of-Kin and Heir-At-Law and would take everything. Now you will have to try his Claim. You should have talked to a competent attorney prior to Probate where you were asking...
Anthony Marvin Avery's answer I thought you said you were going through Probate? Apparently someone else filed for Probate and is either the Administrator or Executor. Only the person with Letters Testamentary or Administration has the authority to look at the Deceased's Financial Records unless someone else was on the Signature Card. There may have been an Inventory filed at Court and you will want to check on that. Also the Deceased's Account is usually emptied and the Personal Representative takes control of those...
Leonard Robert Grefseng's answer Most likely - yes. Depending on the length of time they were married, a surviving spouse has certain rights to inherit ( elective share, years support, exempt Property) and a full discussion of those rights is beyond the scope of this question -answer format. You should consult an experienced family law attorney to guide you through the probate process.
Anthony Marvin Avery's answer Probate is not required, but you may want to. Hire a competent attorney in Tennessee now, and not necessarily in the County of Death. There may be some complications from your Father's Death. The cash probably will not go through the Estate and the land probably goes to the Heirs-At-Law at Mother's Death, whoever they are. An Affidavit of Heirship may be necessary.
Leonard Robert Grefseng's answer Your question isn't clear. However, the authority granted by a power of attorney dies as the same moment the individual dies- there is no authority to act as an attorney in fact AFTER the principal dies. If there is a will, the power to administer the estate belongs to the person named as executor. If there is no will, the closest kin has the right ( but not the obligation ) to serve as an administrator.
Anthony Marvin Avery's answer If she signed the Note, then she is jointly and severally liable for the loan, and you cannot remove her contractual obligation. Her dying is not a Default on the Note, but nonpayment and other requirements are. If the Note goes in Default the Lender will probably sue Granddaughter and the Mother or her Estate. If she dies, Probate is not a good option. The Lender would probably foreclose on the encumbered real property, and then they may or may not sue upon the Note Deficiency , if there...
Anthony Marvin Avery's answer If Father owned the home, then Wife owns 1/3 and each Child owns 2/9. The Sister cannot sell anything except what she owns. You can easily contact the realtor or prospective purchaser and so inform them. Also you can file suit for Partition. But your Mother individually may own the home, and she could then convey it. Hire a competent attorney to conduct a title search and represent you. If all owners did not sign Contract to sell, then it is not enforceable.
Anthony Marvin Avery's answer You can ask the Health Department to amend the Death Certificate. You will probably need a Birth Certificate. The Probate can be filed with the original Certificate, and is irrelevant to the Will's validity. You may wish to file for an Intestate Administration of your Father's Estate, or it may be better to avoid Probate. Contact a competent attorney soon, possibly in the County of death.
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