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answered on Sep 22, 2023
In Tennessee, if your mother passed away and your stepdad never updated or prepared a new will, the existing will would generally still be considered valid, as long as it met all the legal requirements for a will at the time it was created. This means that the assets would be distributed according... View More 
My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?
Thank you,
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answered on Sep 14, 2023
Are there any title problems, such as claims against your Deceased Husband? If so, you might not have merchantable title. And many title co. will require an unnecessary Probate which takes more than a year to close. Was earnest money involved? If so, give that back. The buyer suing you for... View More
things I said and it was put on social media. Is this legal?
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answered on Sep 1, 2023
Most likely it was legal. if false, a possible libel suit might lie, but a retraction must be first demanded.
She has a Will, my stepbrother is the executor. The policy was not mentioned at all in the Will.
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answered on Aug 28, 2023
If you are the named beneficiary of the AD&D policy, then the proceeds are payable directly to you, bypassing the probate estate. The check should be made payable to you and then you deposit the check into your personal bank account. You make a claim by calling the company and letting them... View More
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answered on Aug 25, 2023
There is no legal requirement for the settlor of a trust to tell anyone about the trust being created. In fact there are many secret trusts, and oral trusts can sometimes be enforced in TN with clear and convincing evidence. Title searches on properties will often disclose conveyances into a... View More
Mother passed without a will in TN and left two vehicles in her name. My siblings would like fill out a Affidavit Of Inheritance form without going to probate court. Problem is both of them live in different countries and do not get along with each other. Since we all came to an agreement can I use... View More
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answered on Aug 22, 2023
There is no requirement that one notary public notarize all signatures. However, there is not enough room on the form for more than one notarial affidavit, so one notary public would have to use the notarial affidavit on the form and the other would have to attach a separate notarial affidavit.
I am the remainder owner on a property deed and an individual lives in a mobile home on a section of the property and they have the deed to the mobile home. Does the property itself belong to me as I am the remainder owner on deed?
I am asking this question because I was told that if... View More
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answered on Aug 21, 2023
Adverse Possession is very real, especially under color of title. Hire an attorney to search both title. The mobile home may have been an out conveyance before you got an estate. Taxes must be checked closely. You did not mention how many acres or County. A Detainer Warrant or an... View More
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answered on Aug 10, 2023
Not sure of your question. But has an inventory been filed? If not then you may wish to move the Court to remove the executor for cause. But be prepared for a lawyer or even you to get appointed the Estate Fiduciary. He and his lawyer do not represent you, but there are various statutory... View More
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answered on Aug 9, 2023
The next of kin for personal property is determined in the State where the Decedent was a resident.
Grandmother always said she didn't want her assets in probate court, but it went straight to probate. Some of the properties she didn't even own in the oldest will and testament that was presented. She had a new Will made up signed with 2 witnesses, and a notary... The notary still... View More
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answered on Aug 1, 2023
You need substantial proof to contest a Will. Consult with an attorney, but it does not sound like a good case. Alot of time has passed and that destroys evidence being presented.
We are the only heirs. Taxes have been filed and debts paid. How do we close the account ?
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answered on Jul 31, 2023
You might need an attorney to close the Estate. At minimum you will have to file receipts, pay just filed claims, and file an accounting. Then a motion to close might be made, but other pleadings may have to be made.
Mother passed away left nice house to three daughters one of them executive of will and she just want to sell for whatever. Doesn't all have to agree on price.
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answered on Jul 28, 2023
Has a Will been filed for Probate? If so then read it. If specific real property is devised to the three daughters, then all three own as tenants in common. If not, the executrix may have the authority to sell assets and distribute the net proceeds to all beneficiaries. If she has the power... View More
On June 2023 my mother passed on leaving a truck and van in her name brought by my father years back. I have a problem with 4 siblings. All siblings are not related to marriage of mother and father they are from different marriages. I wasn’t born yet when they got married and now I am heir in... View More
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answered on Jul 28, 2023
If your mother died single (widowed) and is survived by any descendants at all and did NOT have a will, then her heirs at law are her then living biological and adopted children and descendants of any predeceased biological and adopted children. Stepchildren of your mother are NOT heirs at law if... View More
If it appraises for say 300,000 and some of the kids think can get more money , can executor overide and make unison decision in selling price . Or do we all hafta agree .. Ty
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answered on Jul 27, 2023
Executor of Will has exclusive authority to sell the real property if it is a Probate asset. If not, then heirs at law own the real property. There may be other reasons to possibly file a Motion To Remove
the Fiduciary For Cause. You need to hire an attorney to look into it.
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answered on Jul 27, 2023
Call any attorneys that the Decedent might have used. Call the County Probate Court where the Decedent lived and check if any Probate proceedings have begun. Look through the Decedent's papers, safes, desks, etc. If nothing else, file an intestate administration in the appropriate County.
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answered on Jul 24, 2023
If your unresponsive relative is unable to make a decision regarding power of attorney, you'll need to go through the Probate Court. By petitioning the court, you can be appointed as their guardian and/or conservator. Guardians are responsible for the relative's physical wellbeing,... View More
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answered on Jul 19, 2023
Was the Will filed for Probate? If not, it has no effect. If Probated, then the executor should have transferred the property to the legatee with a Receipt. A motion can be made in Probate Court, or an Action to Recover Personal Property in Sessions. If there was a Bond, a claim could be made... View More
Can I get it back?
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answered on Jul 11, 2023
You need to contact your own lawyer and straighten this out. If only documents involved, then get another set or copy the Court's file.
My brother is wanting me and my other oldest brother to sign an instrument and I'm not sure what it means. Remind you this brother has been extremely rude and has left very disturbing messages to me and my oldest. He is wanting everything or nothing pretty much and I feel as if it should be... View More
answered on Jul 11, 2023
Very sorry to hear of your loss and your brother's behavior at this time. You really need to contact a PROBATE LAW attorney in your area right away, particularly if your father had any substantial assets like a house. Justia really isn't a place to get legal services, there are many... View More
I have been paying the mortgage for her for years and the cash is to be split between 3 children. Do I need to go through probate? What should I do with the mortgage company? Do I need to let them know or can I just continue to pay the mortgage? There is a will in place.
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answered on Jul 10, 2023
You should contact the lender and let them know your mother passed and you are the successor in interest, so that they will start sending the monthly statements to you. (They will require a copy of your mother's will, at a minimum. They might also require a final order of distribution or... View More
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