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after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.
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answered on May 17, 2021
If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each... View More 
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answered on May 3, 2021
A will cannot be changed after the testator passes. And, in any event, powers of attorney automatically expire/terminate at death.
My father's will states that his girlfriend and her grandson can continue living in the home after his death. It also states that the house is left 50% to me and 50% to his girlfriends grandson. I live in the state of Tennessee it is start anything I can do after his death and contest it and... View More
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answered on Apr 26, 2021
File a muniment of title with the will. Change title and eject the girlfriend. The will control over anything told to the girlfriend.
My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... View More
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answered on Apr 25, 2021
You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other... View More
My mother died without a will in October 2018. My step-father is the personal representative and has hired an attorney who began the probate case. I have not received copies of any documents filed in court nor do I know the status of the case. The probate attorney does not return my calls nor... View More
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answered on Apr 23, 2021
The Probate attorney does not represent the interested parties in the Estate. Many Probate documents filed with t he Court do not have to be served on anyone. I suggest you go to the Probate Court and read the File. If it is incomplete, wrong, etc., hire an attorney to represent you.
They can't buy me out and refuse to sell
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answered on Apr 18, 2021
First, if the title to the house has not already been updated to your names, you need to take care of that. A probate attorney can help you with that.
Then you can hire a real estate litigation attorney to file a lawsuit to force a sale and divide the proceeds among you. This is not... View More
Should I do it?
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answered on Apr 14, 2021
That is probably a consent for Mother to be the Administrator of his Intestate Estate. Apparently there is not a Will, so you are confused. You may wish to hire a competent attorney about what to do now. The type and amount of the assets should be considered. Both of you are Heirs and Next of... View More
His grandchildren are stating that I am not biologically his and demand a DNA test. He was married to my mother and is on my birth certificate.I also grew up going to his house every other weekend. I was not close to him as an adult My siblings children claim they never heard of me. I never had any... View More
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answered on Apr 6, 2021
If you are his child, then you are an heir and next of kin. Has an Estate been Probated? Probate would probably be in your best interests here. You will need to hire an attorney to look into it and represent you. Otherwise forget about it, as time is of the essence.
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answered on Mar 29, 2021
You do not record a Will except a certified copy of a Probated Will as a muniment of title. Wills are filed for Probate. But first you need a competent attorney to analyze whether you should administer an Estate or not.
There was no abuse of any kind she amended her will several times and added and removed me each time.
Thank you!
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answered on Mar 26, 2021
Yes. You can claim an elective share against the estate and depending on the number of years you were married you can claim a percentage of the net estate.
My mother passed in 2019, with no will and very little assets. An estate bank account was never opened. I did have to file for a small estate affidavit and have a couple of checks she received and her car and truck listed on it in order to receive the vehicles and cash the checks. The small estate... View More
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answered on Mar 10, 2021
That Small Estate Affidavit should be enough for the Bank to honor the check. You may wish to try another Bank. Sometimes Letters of Administration are issued from the Small Estate Probate, which should be your authority to cash the check. If nothing else, contact me.
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answered on Mar 2, 2021
Yes, If you are named to inherit the real property
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answered on Feb 25, 2021
What is your question? Pertinent facts involve: surviving spouse, children or deceased children; what kinds of properties and debts are involved; and did the Decedent have a Will? Without a Probated Will, the Heirs At Law own his real property, and the Next Of Kin own his personal property.... View More
With his consent, if removed as co-executor, can we stop the IRS from taking assets?
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answered on Feb 24, 2021
Hopefully you have not filed Probate yet. In any event you need a competent attorney to handle this. You are correct that the Brother should not be an Executor, and the Court will not have a problem with that. The Estate should not be victimized by your Brother's tax situation, but it could... View More
Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... View More
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answered on Feb 16, 2021
There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.
Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... View More
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answered on Feb 11, 2021
Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell... View More
She passed away with no will, but 1 living parent and that parent wants the house. Is she required to legally evict us through the court. State of TN
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answered on Feb 10, 2021
The Parent will have to file a Detainer Warrant against both of you. The Warrant must be served or posted, heard until a Judgment is rendered, and if you are not out of possession within ten days, get a Writ of Possession executed by the Sheriff.
I am going to be in Tennessee soon and go to the courthouse, I'm her only child and need to be administrator because there is no will but the home and assets are just sitting there and I've been told people are going through her things and taking it out of the home! I truly do not have... View More
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answered on Feb 8, 2021
Any free legal help would be worthless and probably would not be available. You might search the title in the County of the home and determine who her Heirs were. The Heirs At Law probably own the home, but there may have been a Deed of Trust, or Mother may not have owned it. Property Taxes... View More
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answered on Jan 27, 2021
If someone has died with nothing in his or her name but an auto, you can probably collect it with a small estate affidavit. The local clerk's office, where motor vehicle title transfers are registered, has a simple one-page form for this.
She inherited her debt from her husband who passed 3 months ago. He was my stepfather but never legally adopted me. Her only asset is this house and land. Is there a way for me to put it in my name and stop the debt collectors from allowing me to renovate and increase value and possibly sell or... View More
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answered on Jan 26, 2021
Your situation is actually a little more complicated than you realize and a full consultation would be required to help you sort this out. Be prepared to provide a copy of the death certificate for step-father, step-father's will (or confirm there was none), mother's will (or confirm... View More
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