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His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More 
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answered on Nov 9, 2024
Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More
A portion of property from original property was quite claim deeded to persons that are now dead . How to go about getting that piece of land back
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answered on Oct 25, 2024
There are too many facts missing from your narrative to answer your question in any definitive way. As to each name on the deed an attorney would need to know if the person died testate or intestate, where he or she died, whether the estate was ever probated and where, if the death was recent... View More
I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More
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answered on Oct 22, 2024
You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More
When my mother passed recently, she had a loan and credit card that totaled about 22K. Around 100K mortgage remains on the house, and I am making payments as a Successor in Interest. I plan on having an estate sale to help fund the estate account. It may not cover all of it. I live in another state... View More
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answered on Oct 9, 2024
If you have not filed for Probate, then do not without the advice of counsel. You probably do not need to, which will attract creditor claims. Hire a TN attorney to search the title, determine heirship and record an
Affidavit of Heirship. As one of the owners, or the owner, you can... View More
The lawyer told me I had to fill out paper work before they would disclose any info about the probate case. The paperwork turned out to be a bond waiver. Do I sign the waiver and how can I find out info on the case and the parties involved
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answered on Sep 8, 2024
You don’t HAVE to sign the bond waiver. If you trust the proposed executor then signing the bond waiver helps the case move along more quickly and cheaply meaning more money left over after expenses for heirs to inherit. But if you do not trust the proposed executor then you should not sign the... View More
theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More
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answered on Aug 2, 2024
You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.
I filed a premature motion for reimbursement of contributions. Within it I proved misrepresentations and oversights that led to the Judge's prior ruling to partition my home by sale. The Judge urged me to get an Attorney. He said I could possibly get a Review of the case. 90% of Attorneys will... View More
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answered on Jun 24, 2024
Whatever lawyers you talked to were incompetent. Partition Actions allow attorney fees for both the plaintiff and the defendant BY TN STATUTE. As long as there is a feasible, economic result of a forced sale, the attorneys get paid before their clients. Apparently you are too concerned with... View More
I am having trouble getting an attorney now because I only have the Will on my phone after my house fire. Both daughters signed the Will. Also do I have any rights since the Will states I am to remain in the house. 1 month after our divorce we moved to Tennessee and the new home he bought but I... View More
answered on Jun 10, 2024
If the Will was signed before your divorce, your ex's appointment of you as executor is void and whomever he appointed as alternate would be entitled to the position. In addition, anything he may have left to you in his Will, including the right to remain in the home, passes as if you died... View More
I am having trouble getting an attorney now because I only have the Will on my phone after my house fire. Both daughters signed the Will. Also do I have any rights since the Will states I am to remain in the house. 1 month after our divorce we moved to Tennessee and the new home he bought but I... View More
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answered on Jun 10, 2024
Nothing illegal about a Affidavit of Heirship which is true a that time. You may be able to file a copy of the will and probate it in solemn form, but it will be difficult and expensive. Unless there is alot of acreage, pursuing an interest in the property may not be worth it. If you do not... View More
Do I have rights to have deed changed in my name
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answered on Jun 2, 2024
The answer to your question is it depends on a lot of other things, but the bottom line is a probate attorney can help you with this. You should schedule consultation and be prepared to answer questions about whether he was still married to someone else, whether he had other children besides you,... View More
I am the only living blood relative and I signed her death certificate. How do I challenge the probate or find information about another will.
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answered on May 22, 2024
Has any will been filed for Probate? If not you can petition the Court to Probate her Estate as Administratrix. Then if any Will comes up, at least you will be ready to contest it if grounds can be proven. If a Will has been filed, then either contest it or give up. Hire a TN... View More
there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?
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answered on May 22, 2024
The possibility of Holographic Wills might be present if handwritten. But two Wills identical implies a contract to make both Wills. Unless there are serious reasons to file Probate, Intestate Succession is probably what should happen here. Consult with a good lawyer.
there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?
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answered on May 22, 2024
An attorney would need to actually see the wills in order to render an opinion as to validity, and ultimately the probate court decides whether a will is valid, but based upon what you stated, they are most likely not valid. In Tennessee, as in most other states, two witness signatures are... View More
My grandmother passed in September of 2023. My aunt has attempted to get heirs to sign a quit claim deed of affidavit of heirship because the original will attorney left something out exempting heirs on the will when it was signed and notarized. The attorney who originally did this will is now... View More
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answered on May 20, 2024
I hate to be the bearer of bad news, but this is not a do-it-yourself project. There is no quick and easy "form" or technique that I can point you to that you can fill out and file and do yourself. You are going to need to hire a probate litigation attorney to contest the will. Also do... View More
In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct
beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a... View More
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answered on May 16, 2024
The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a... View More
My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her... View More
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answered on May 15, 2024
A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for... View More
Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?
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answered on Apr 22, 2024
Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More
Some of the property and the house is going to be taken by the city to widen the road. How do we make sure we are compensated for the land and house when the city takes it?
One of the heirs doesn’t want any property, does she relinquish her share prior to us getting the title, or does... View More
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answered on Apr 13, 2024
The title can be updated using a simple affidavit that is recorded in the land records, but the title will not be marketable until at least one year has elapsed since date of death or the other assets of the decedent
have been probated and the estate was solvent.
If one of the heirs... View More
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answered on Apr 12, 2024
If the Daughter is a joint holder or a payable on death name on the signature card, then the deposited funds are owned by the Daughter. Wife should have no authority to remove money. Bank could be sued for such a conversion.
Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More
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answered on Apr 9, 2024
What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More
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