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.
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 »
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.
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 »
Mom has a will listing me as the Executor and me an my sister as the beneficiaries. She rents a small condo and her only debts are the monthly rent and utilities. Her bank account is joint account with with me. Her only assets are the personal property in the home (furnishings, kitchen ware,... Read more »
Property in TN, both owners on the Deed are deceased. I was able to get in touch with Daughter (lives in KY) of the deceased. I want to purchase property from Daughter, will a Quit Claim Deed or Warranty Deed be needed? Or what is needed to purchase property from Daughter?
Hire a competent attorney to search the title, determine heirship and prepare a Deed. Warranty Deed can be used, but do you plan on suing the Seller? She might not want to give four covenants of title to property she has not had possession of. QCD is more likely her choice of conveyance.
My parents will states there property and estate is to be split equally between me and my sister and ahe is is named to over see the will she is currently staying in my paremts house and was before they passes away to help them and i have recently found out that she is letting my nieces and there... Read more »
Probating estates in California is very expensive. There lawyers do not bill by the hour the way they usually do in Tennessee. Instead they bill according to a statutory fee schedule that is based upon a percentage of the value of the assets. Probates in California are close to the most...Read more »
More than likely the Wife's Will Beneficiaries or her Next Of Kin. But there may be alternative beneficiary designations. In any event the Policy Beneficiaries may need a lawyer to make a claim on that Policy.
I do not understand that there is a lien in the deed language. Vendor's Liens have not been used for over 80 years. You are probably an heir if not the sole heir. If the sole heir, you also own the debt against your property, if it actually exists. Hire a competent attorney to search the...Read more »
My grandmother passed away and left a will with me and my brother's name on the will. Everything is well documented in the will with everything going to just me and him. She left her 401k, money that she saved in her bank accounts ,car and,house all to use. She don't have any big debt... Read more »
Probate is how wills are administered. If there are assets that need to have the title/ownership changed, probate is how it is done. Take the bank account, for example. I assume it is in her name and she did not name a death beneficiary. You will not be able to collect that money by just...Read more »
Parents passed in 6/21 and 11/15. In 2015 I added on their home and moved in to provide care and monitoring. They were in agreement and seemed to be managing then I realized bills and payments were missing etc.. I took over paying the bills but this was from my funds to keep it simple and avoid... Read more »
There is no one size fits all answer to your question. Sometimes a joint trust is appropriate and sometimes separate trusts. For advice personalized to your individual circumstances, you should schedule a consultation with an experienced estate planning attorney.
Some necessities and medical bills can be asserted against the surviving Spouse. But if no Probate Administration, it will be difficult for the Creditor even find a Defendant to serve. If the Decedent had real property, a Judgment Lien could be a real problem.
Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... Read more »
Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a...Read more »
Usually real property is not an Estate Asset. But this might be an Insolvent Estate. Deceased Petitioners can receive a Chapter 7 Discharge, which might help the Estate be free of Claims. If the property is valuable, you will need to hire a competent attorney to look into this as it is...Read more »
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