Get free answers to your Probate legal questions from lawyers in your area.
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.
I had a holographic Will construed by my prior attorney due to the language being ambiguous. It has not been presented in court yet. I want to hire representation to present it for whenever I get a court date. It's already been paid for, so there is no work to do besides presenting it. I do... View More
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answered on Jan 31, 2024
Hire an an attorney to probate the will, if there are sufficient assets. Your lawyer should determine if probate is advisable or that intestate succession controls where the assets go already. Construing the will could be an issue for the Court to decide.
I looked up Tennessee law and it says if someone dies without a will the home is divided between the children and spouse with spouse receiving no less then one third.
The deed says : My fathers name and his wifes name there heirs and assigns forever in fee simple
Grantor covenants... View More
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answered on Jan 26, 2024
Ownership of real property by husband and wife creates a tenancy by the entirety unless the deed specifies a different form of ownership. When one dies the other becomes the sole owner.
My step mother died in August and her sister died 24 hours prior to her death. The daughter was the only one who has access to the Trust and has been managing the money. She was given the death certificate and claims she does not have the original will. My father has already passed and has left... View More
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answered on Jan 10, 2024
Anyone with an interest in the matter can open a probate. That includes you. You can hire an attorney to help you. The legal fees should be reimbursed by the estate.
I was recently removed or excluded from Will that my grandfather had created by the executor. I believe this is not against the desires, or the will unless intestine of my grandfather, which I do have, but I have not have the signed copy of the executor has changed this and has no longer following... View More
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answered on Dec 6, 2023
What is your question? You will have to rewrite your request.
Recently got a Tenncare request for release form and had fill out along with sent a death certificate by email for my mother that passed in nursing home with Tenncare Choices. They emailed me back since I am a disabled that they assert my estate when I pass. They will not let me know how much my... View More
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answered on Nov 8, 2023
If you are disabled, you do not have to pay anything to Tenncare while you are alive and remain disabled. It would be easier on YOU to just let the make a claim against your estate when you pass.
The opposing party in a Probate case claims they have made contributions to property taxes for the last 20 years. I was able to provide a recorded conversation between myself and the party, in which the party admitted that they withdrew their help/contributions 27 years ago. I always thought that... View More
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answered on Oct 26, 2023
Your lawyer needs to object to the Clerk& Master's Report or appeal the Chancellor's ruling. This assumes that the property taxes were in sufficient amounts that it affects the Estate's other beneficiaries. Your recording may not have the legal impact on the Probate Case... View More
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answered on Oct 10, 2023
In Tennessee, a legally valid living will or advance directive is the official document that expresses a person's wishes regarding medical treatment in the event they become incapacitated. If there is a discrepancy between the living will and a casual letter, the living will generally takes... View More
My father passed away, when he passed he and my step mom had matching wills. She had mental health issues and past away from dementia, prior to her death her will was changed even though she had dementia. Is the original will in effect? Does this void the will and give their family all rights to... View More
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answered on Oct 8, 2023
If you were a stated beneficiary in a will that was revoked by a new will while your Mother was diagnosed with dementia, you may have standing to bring a will contest.
Do I have to send in a defense on a civil action in probate court if I don't object to anything? It says that a judgment by default will be rendered against me for the relief demanded in the complaint if I fail to defend this action. I don't get what I'm defending if I have no objections.
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answered on Oct 5, 2023
You can respond to the Petition served on you, but probably not required as in most suits. Go to Probate Court, read the File, and respond to questions. Hire a lawyer if it looks like you are not getting what you think you should.
If sons inherit property and both want to sell it to someone and they agree to it can they do so without putting it in probate? If it does have to go to probate who becomes executor if neither son wants the property and want to sell it? If it does go to probate if any liens or judgements are... View More
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answered on Oct 4, 2023
If there is sufficient equity in the property, then any tenant in common can file a Petition for a Sale For Partition.
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answered on Oct 4, 2023
There is no common law marriage in TN. However there may be property transfers or partnerships involved between the two persons, which give one or both rights therein. Consult with an attorney.
Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More
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answered on Oct 4, 2023
Hire a competent lawyer to draft, execute and record an Affidavit of Heirship as the source of title. But all tenants in common can remove you from possession.
I am Executor, but our daughters locked me out. Now the house is 2 years behind on taxes and they left it. I found a Vacant sign that was placed on the door. I didn't file because I couldn't afford it but the girls knew what the Will said, we all signed it. They left dogs in there and... View More
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answered on Oct 3, 2023
Your question cannot be answered without reviewing the will and other facts and circumstances such as whether the estate is solvent without the house. You should schedule a consultation with a probate attorney.
Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud
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answered on Sep 25, 2023
What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney.
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