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the lien was from over a decade ago and I don't even remember what it was for. I am primary beneficary on her life insurance policies. should I do something in advance
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answered on Jan 26, 2021
After you deposit the insurance proceeds in your bank account, your creditors can get to it. Your mother could have prevented that by naming a trust as the beneficiary of her life insurance policy instead of you individually, but now that she has passed it is too late to fix that.
If you... View More 
My brother fells he owns the house, but there are 3 other siblings involved and no Will. 2 out of the 4 siblings want to sell and obtain their share.
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answered on Jan 21, 2021
Hire a competent attorney to determine heirship, then record an Affidavit of such. Then file suit for a Sale for Partition in Chancery,
My parents passed away but didnt leave a will. 3 out of the 5 siblings want their share of the property. What is a simple way to go about this?
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answered on Jan 21, 2021
There is usually no simple way to marshal up your property from those who took it. Real Property is different in that it is there, but you may have to litigate it to possess it. An Affidavit of Heirship will put the world on notice of your Title, but only the Court can put you in possession or... View More
Plus all her personal belongings. She stated in her Will she did not want her daughters at her funeral. I have her journals that explain this. I want to know if I have rights? We lived together for 13 years. Her daughter's and sister broke into our home after her death searching for her Will.... View More
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answered on Jan 15, 2021
You did not say TO WHOM her Will leaves the 20 acres and the personal property. If you meant to say that she left those things to you, and assuming the will is valid, then, yes, you have substantial rights, and you should hire a probate attorney right away to collect everything that she left to... View More
Also request an itemized bill from an claimant
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answered on Dec 28, 2020
An heir is not entitled to these things, and most likely any such request will be denied. Most likely you will need to open a probate case and obtain letters testamentary or letters of administration in order to obtain information about the estate assets and creditors that you do not already have.
Longer Valid after death. There is roughly 100k in a bank account with no POD or anyone else on the account. The only other thing he owned was a paid for vehicle worth about 5k. And only has approximately $1,000 in debts. How do we go about removing the money to split between the two of us?
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answered on Dec 27, 2020
That amount of money will require a full probate before the bank will release the funds. You would be best served by hiring a probate attorney in your area to assist you with this. You are correct that the POA is no longer valid after death.
She also has an IRA for $20,000 approximately and $20,000 in the bank. Do we have to probate? McMinnville, Tennessee. There is a Will and two other parties in agreement.
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answered on Dec 22, 2020
If those are the ONLY assets of your mother’s estate, then you can probably get them transferred to the beneficiaries according to her will without going through a full probate. You should hire a probate attorney to assist you.
The cars are in the garage, and the house is full of furniture. I can not afford to keep this house while awaiting probate to finish. I would like to move the cars and contents to storage, inventory, and then sell in estate sale. Same basic thing for the cars. My homeowner rights seem violated by... View More
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answered on Dec 17, 2020
The executor or administrator of the estate has the obligation to safeguard the assets of the estate. If the house is not part of the estate and its going to be sold, the it makes sense for the executor or administrator to arrange to have the contents that are part of the estate moved to secure... View More
My partner of 20 years died suddenly. We never married but planned to next Spring. All of our assets are jointly owned with rights of survivorship except the house (approx value $170,000) which is in his name. House it fully paid for, no mortgage. He does have a will naming me as both executor... View More
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answered on Dec 16, 2020
You probably do not need a full probate, but the answer does depend on exactly how the will is worded. Most likely you can use a simplified court-administered process use the get the will recorded to evidence your ownership. A probate attorney in your area can help you with this.
My aunt took my mothers personal belongings and said she would distribute them half and half to me and my brother that was years ago she will not answer my calls. I would just like some of my childhood pictures in my mother’s belongings to remember her by. But my aunt refuses to give anything to... View More
answered on Dec 1, 2020
You should consult with an attorney to determine your options. You may need to open an estate to probate assets or file a civil warrant for possession. But only after a proper consultation could an attorney give you counsel on what you can do.
My remarried father passed away. I know he has a will, but my step mom is dragging her feet or not planning on filing probate. His house was only in his name. The lawyer who wrote his will is deceased. What are my options and the deadlines to force her to file probate for his estate? She... View More
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answered on Nov 30, 2020
You have not stated whether there is anything in the Estate. Real Property rarely goes through an Estate. The home is owned by the heirs at his death. If there is sufficient equity or no deed of trust, the heirs could file a Partition Action now. Or you could file to administer the Estate if... View More
In the will it says that my boyfriend and his sister are supposed to receive money from the sell of the grandmothers house. His aunt sold the house and is keeping the money for herself is there anything they can do?
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answered on Nov 27, 2020
Is the Will Probated? If not, then the aunt may be the sole heir and entitled to sell, etc. If Probated, then check the Probate File out at Court. Hire a competent attorney to move for disbursement of Estate Assets, and/or Removal of the Fiduciary for cause with an Accounting.
My Ex Husband and I moved from Florida to Shiloh TN one month after our divorce April 2003 yo raise out daughter. He passed away and left me executor of his Will, because we were together of 38 years and he trusted me. The day he passed away my oldest daughter informed me ai was locked out. She... View More
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answered on Nov 24, 2020
It appears that you have failed to Probate His Will. And now it will be very difficult to start any type of successful Administration. It is very possible the Daughter has already Probated his Estate. You should check with the Court of Probate Jurisdiction in the County of death. If there is... View More
have to wait for the proceeds from the lawsuit?
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answered on Nov 4, 2020
You need to talk to whoever is Administering the Estate. He might have a partial distribution prior, but he will probably wait until all assets are marshaled, and fiduciary compensation/claims ascertained. Otherwise he will not be able to calculate a Final Accounting. This is the case anywhere,... View More
Kick me out of our house
answered on Nov 3, 2020
If you have no legal interest in the house and she is the only heir, then she would take ownership of the property. Once ownership has been established, then she could file to evict you from the property through the courts.
Personal belongings
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answered on Nov 2, 2020
He can claim a surviving spouse's share of the Decedent's property which will either be one/half or one third, depending on the Decedent's issue. Hopefully the spouse was noter on the bank account or any other properties. It does not sound like there is sufficient property to Probate.
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answered on Oct 26, 2020
What is your question? Keep in mind that if the Will is not Probated, it has no effect, and you Father dies Intestate.
I am the eldest and my father did own his house flat out. He did not have a lot of money, the house is not worth a lot and he had some debt.
how do I file to become the executor and get the deed transferred over so I can sell it and split it between my siblings?
answered on Oct 20, 2020
You would be wise to consult a local attorney to review the facts, debts, and assets. Regarding the real property, one option is to file an affidavit of heirship into the property record to show ownership. If he has other assets/debts, you may still want to open a small estate and obtain letters... View More
executor. The executor distributed cash assets that were in our father's safe to us but gave us no information on what remaining assets, such as what was in his checking account remain. Are we as the two remaining beneficiaries entitled to that information and whatever was left in the... View More
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answered on Oct 16, 2020
Yes, the non-executor beneficiaries under the will are certainly entitled to a copy of the will and an accounting for the estate. Normally this is done via a full probate administration, but sometimes other methods are used, such as a small estate administration. First, you should check with the... View More
There was a will by the mother. What can they do to find out. This is a large estate that includes a business they all work for.
answered on Oct 15, 2020
If there was no will - then any children she may have would inherit a child's portion of her estate. If she had an attorney you can check with the attorney to see if there was a will. Someone should probate the estate - for now without a will - The estate and perhaps the heirs will need a lawyer.
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