Creditors have been notified about the probate. If they chose to respond, will they reply to the attorney's office? If they do not respond, will the debit still be required to be paid?
Some creditors (like TENNCARE) do not have to respond, and yet must get paid and released. Most creditors will have to perfect their claims with the Probate Court, but some can file up to a year from date of death. Some unperfected claims will be denied. Your attorney should have told you this.
I sent several emails that have gone unanswered. I have been in the office and still get frustrated blank looks. I hate to start over since the process has already begun, but I’m at a loss as to how to my questions answered.
If a Probate Case has not been filed yet, then you need to determine if Probate is necessary in the first place. An analysis of the properties involved must be performed first, and it sounds like you may have jumped straight to Probate just because you thought you had to. If the Estate is being... Read more »
He died without any insurance I was trying to get the money to go toward his funeral expenses. I’m his biological son
You can check to see who are the authorized signatories on the account with the Bank. But if he owned it individually, noone else has access to it right now. Sometimes a Bank will consider an Affidavit of Heirship as evidence of the Next Of Kin entitled to the personal property. Otherwise you... Read more »
Not sure of your question. But if they have no source of title, then the grantor cannot convey. There could be a felony involved for a totally wild deed. But worse they may claim some authority, and you will have to file a very difficult, expensive case in Chancery to set aside the fraudulent... Read more »
is on DEED.
Typically a home title is "updated" using a deed, but the proper method depends on the reason for the "update".
A real estate attorney or title company can help you research how title is held. Regarding probate, your question is unclear.
You refer to... Read more »
My brother passed away with no will and me and my two sisters are the heirs. He left no will. We agreed the one sister would be Executor and have signed papers back in Feb. but because she lives out of state, we are still waiting for approval and probate to begin.
She is making bad... Read more »
It does not sound like Probate has been filed yet. If not, you can Petition the Court to be the Administrator. If Probate has begun, then you can file a Motion To Remove her For Cause. But initially you need a competent TN attorney to examine the assets and determine whether Probate is... Read more »
home into my name to sell. Only creditor is mortgage co., I am surviving spouse, no children living. What do I do NOW? If mortgage files a claim, does that mean I have to pay it off before I can sell?? Confused senior lady appreciates answers. Is in Probate, I am administratix of estate (such as... Read more »
There are too many facts missing to answer your questions. There are no one-size-fits all answers. But you might find some general rules helpful.
First, as a general rule, real estate is not a probate asset in Tennessee, but there there are some pretty huge exceptions, so you should... Read more »
I’ve lived here for 6 years and she passed last month. The estate is in probate. My brother and I are administrators over estate. He’s not seen my mother in 4 years.
Yes as he is apparently an Heir as well as an Administrator. But I doubt the real property is part of the Probate Estate.
If you have exposed it to the market for a reasonable period of time and it has not sold, that suggests that the price is too high. Maybe try lowering the price.
Warranty deed looks homemade from mother to husband and refinanced on same day 2 diferant insurment # now he’s tring to sell I’m her daughtery’ need stop all property
if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights... Read more »
I am the executor of the estate. the home is worth about 170000
Consult with a competent attorney about whether you need Probate or not. This is a public forum. It is doubtful Probate is needed here.
She was on Medicare and debt free except for some final hospital expenses. Can we change the deed over to our name to begin renovations or does it still need to go through probate? Thank you.
You have something mixed up: either she conveyed it to you and your wife; or died owning it. If she did not deed it already, then it is owned by her Heirs. In that circumstance, hire a competent attorney to search the title, determine heirship and record an Affidavit of Heirship.... Read more »
If I am 1 of ten heir's to a estate worth 1.8 million does that mean I will be getting $180,000
The percentage share of each intestate heir depends on degree of kinship and how many heirs there are at each level of kinship. A probate attorney can help you chart it out and determine your percentage or fractional share.
My cousin is the Trustee and I have been in prison for a few years and don't know if there's a will or what to do. Advice would be greatly appreciated.
Your question cannot be answered without reviewing the trust and the deed, but chances are there is not a whole lot that needs to be done with respect to the titling of the property. The wonderful thing about holding land in a trust is when the settlor passes no probate is necessary.
No, you can only sue her for waste or destruction of your interest. From your question I cannot discern if you are a Tenant In Common or a Remainderman. Someone will have to pay taxes. That Devise and the entire Will should be carefully examined by your attorney.
He owns a house in Tennessee and my brother is currently living in the house.
Decedent's real property goes to his Heirs and the personal property to his Next of Kin, which will be the same persons. But what family issue survived him needs to be determined and placed of record with an Affidavit of Heirship if not a Probate Administration. Probate or not usually... Read more »
Consult with a competent attorney now. Probate or not should be considered first.
when i was 3 mo old my mom met the man that would legally adopt me as his son, my mom passed away, a few years later my dad also passed away. I was still a minor, and was left to live with this relative...then passed around to the next relative until I turned 18 and was totally left on my own.... Read more »
As a practical matter, the personal property is probably gone. But that Deed is interesting. You need to search the title and check the taxes. It might be a very good case for a Partition Action. You will have to hire a competent TN attorney that knows real property litigation.
In an real estate deal from one or multiple heirs to another heir
Are you wanting to enforce the agreement? If so, it will be difficult. If not, it is doubtful anyone will try to enforce it. Statute of Frauds may prevent it, and I doubt a tender was made on a date certain.
My mother has a home that I know she wanted to leave with me becaused we've discussed it. I had a brother who passed away recently after my mother. My brother and I were in the process for me to have full ownership of the home because he was ill and residing in a nursing home and did not want... Read more »
You have not stated what the title is. But it may result in you and the Son being tenants in common. If so, you may wish to have a lawyer draft a Deed with a proper derivation of title clause, and try to buy him out. Remember taxes, insurance and note payments must be made, or a foreclosure... Read more »
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