He is survived by his living wife but she has multiple sclerosis and is living and being cared for in a nursing home. I have power of attorney over her. How can I get access to deposit, withdraw or close out my dads checking account?
Do I need to retain a lawyer?
What is the usual... View More 
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answered on Feb 8, 2023
The answer depends on a lot of factors that are not given in your question. What is the value of the account? Did your dad have a will or no will? Did your dad leave any OTHER assets that need to be retitled? For a reliable answer, my best advice is you should schedule a consultation with a... View More
A partition has been done[2023]. I'm 40 years old born in 82 and uncle died in 2005.
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answered on Feb 6, 2023
If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.
Is that considered as waste?
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answered on Feb 5, 2023
There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.
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answered on Jan 26, 2023
I do not recommend you use any assets that are subject to Probate Jurisdiction until the Estate is closed and the funds are properly distributed to you. Otherwise it would be a breach of fiduciary duty, or there might be a late filed Estate Claim, another Will filed, etc.
A Judge is in favor of granting a decision for a plaintiff/defendant. If a party can prove that the adverse party has lied under oath multiple times could that change a Judge's mind? If it can change a Judge's mind how many lies should be provided to the Judge in order to do so?
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answered on Jan 23, 2023
Credibility of a witness may always be challenged, but that does not mean the other side wins. Hire an attorney to represent you. In Probate Court there sometimes are no actual hearings. Motions and other pleadings must be filed to even raise issues before the Court.
He had no will, but I was beneficiary to life and 401k and deed on house is specific. At the time of passing his father was still alive and his sister was trying to contest everything. She told me she was requesting executorship of estate through probate court. Since we were not married, I had no... View More
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answered on Jan 16, 2023
Your Deed is very important but you have not stated what the granting clause is, that is who owns it. You might own 1/2 , a fee or nothing. If you own an interest, a Partition Action might really work for you in Chancery Court. You probably had no interest in the other assets.
What is probate and is it required in TN?
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answered on Jan 16, 2023
If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... View More
Husband is not my father, he has moved his son and wife in, and I think he’s priming the situation, to give his son the property at his death, as he is not as responsible as myself.
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answered on Jan 10, 2023
It depends on the Title. If she bought it as tenants by the entirety, then surviving spouse owns the fee. If she owned individually, you might own one half as an Heir unless she devised it elsewhere. Hire a TN attorney to search the Title.
inherit?
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answered on Nov 22, 2022
The Court may order it until Probate is closed. But Heirs take at death, not after the Probate is closed. You may move the Court to stop the renting and take possession. But the renter has to have a Detainer filed against him by someone with authority or ownership, unless he leaves... View More
house to her grandson and spent a lot of money remodeling it for him. She is keeping the rent money for herself. She did not have permission from me to do any of this. is it legal for her to keep the rents for herself and not go into the estate account?
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answered on Nov 16, 2022
Ask her for half the money. If she refuses, then file an action for a Sale For Partition. That will get her attention and a possible agreement. She can put others in possession. You could sue in Chancery for contribution, but it would probably not be worth it.
The land is in my name I pay the taxes probate court is over its been a year I want to sell a piece of the property that is in my name can she get half money even though she didn't didn't want anything to do with it or come forward..they still haven't but I'm just worried about... View More
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answered on Oct 20, 2022
Hire an attorney to search the title and determine heirship. Owners have rights, which include Partition actions. Land usually does not go through Estates, but Probate may have to close prior to clearing title.
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answered on Oct 18, 2022
Without physical possession of a Will it is very difficult to prove its existence. You may wish to start an Intestate Administration, but first consult with a competent attorney to see if Probate is needed. Remember a surviving spouse cannot be disinherited, and is entitled to a large amount of... View More
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answered on Apr 18, 2024
If you do not take the fiduciary oath, then you will never be the fiduciary. If someone calls you about it, explain that you refuse to be the executor.
There wasn't any percentages given as to the division of account. Who is entitled to the money in the account?
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answered on Apr 12, 2024
A beneficiary designation like the one you described is usually interpreted as meaning equal shares.
Me and our children are the heirs. What can I do she won't speak with me.
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answered on Apr 10, 2024
Hire a probate attorney. Get yourself appointed as executor or personal representative. Then as executor or PR sue her for the return of items stolen from the estate.
Do I have to add to the estate and share amongst my siblings ?
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answered on Apr 4, 2024
If you are a joint tenant on a bank account, and the other tenant dies, then the money is yours individually. Ask the bank and look at the signature care for the account.
ARIZONA probate funeral reimbursement question
I am the personal representative of my father’s estate going through informal probate in Arizona. I paid the funeral out of pocket before being receiving letters of administration. My understanding is I can be reimbursed for the funeral... View More
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answered on Mar 27, 2024
Hire an AZ attorney to file your claim against the Estate.
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answered on Mar 16, 2024
I hesitate to recommend doing that, because it will make it extremely difficult for the executor to obtain a federal taxpayer ID number for the estate, which is an essential prerequisite to opening an estate bank account.
The judge ruled a partition by sale of my home. I would like to be reimbursed for my contributions. I have receipts for everything. What's the proper legal term for what I need to file in order to seek a judgment?
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answered on Mar 11, 2024
Hire an attorney to defend you and file an Answer. There you can claim contributions and reimbursements to be added to your share from the Common Fund. His Fee can actually be paid from the proceeds.
My father passed away 1/25/2024 at his residence in Zephyrhills, FL. He had a live in girlfriend/ caregiver of 12+ years. She stated he did not have a will. She is refusing to give us any of his ashes or any of his personal items that we are requesting. She has ceased all contact and will not speak... View More
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answered on Feb 13, 2024
This case will be governed by Florida law so you should repost your question but specify Florida instead of Tennessee next time.
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