For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... Read more »
That is a good question because the surviving spouse's share is different depending on whether or not there is a will. If there is no will, like my colleague Mr. Avery stated, the surviving spouse's share is determined by the laws of intestate succession. At the risk of oversimplifying,...Read more »
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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