Get free answers to your Probate legal questions from lawyers in your area.
Will doesn't waive filing of inventory.Will states no bond or reports to Court be required.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2023
TN Statute requires the fiduciary to file an Inventory of Assets of the Estate. It must be filed very soon after Letters are issued, or the fiduciary might be removed for cause.
My mother and aunt were in charge of his estate I'm guessing. I have had zero contact since the day I testified. I have always wanted to sue him but was afraid to see him. Now that he is gone, can I sue the estate? Conviction happened in Tennessee. He was a resident and passed in Mississippi.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2023
Looks like he died a MS resident. You might check in County of death as to whether there is a Probate or not. If so, then consult with a MS attorney about possibly filing a claim. But any suit for damages would have to be in TN where attack occurred, and your SOL ran a long time ago.
I am one but they will not turn on service even through I'm on oxygen at night. The excudar is my one sister that is still alive. They want her to sign a document saying whe is the owner and I am a tenant. She refused to sign anything. I am in the process of doing the title transfer but in the... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2023
If the will is not probated it has no effect, including sister not being an executor. If no will then you might be an heir, so a recorded Affidavit of Heirship might help (both as a source of title and to get the power in your name). Hire an attorney to determine heirship and draft an... View More
My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2023
Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... View More
No assets. After bills paid split 4 ways by will. No bills have been paid title company split 4 ways. One more house. Needs to pay bills then split. How do I do that as an executor.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2023
Real Property rarely goes through an Estate except to pay filed claims. Hire an attorney to move the Court to order Sale. You will also need the attorney to close the Estate.
My father passed a short while ago. In roughly June of last year, he was involved in a vehicle crash at work and was going through the process (rehab, etc.) of settling the lawsuit. Per his lawyer, I would need to open a small estate to settle his case, and he would make a demand once the estate is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023
You should be able to file the Small Estate Affidavit in Chancery or Probate yourself, but if unsure hire an attorney. Bank Accounts and Car are assets. Cause of Action is also an asset, which you should estimate value. Affidavit is for Personal Property under
$ 50K. Some Courts... View More
and no one has filled for probate. With little amount of stuff, will this even go to probate? Can the house be transfered to son with a balance still owed?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2023
If no Will probated, home is owned by heirs as tenants in common, subject to Deed of Trust. But if Note is not paid, foreclosure will occur. After 45 days from death, a
Small Estate Affidavit could be filed if personal property under $ 50K. If Probate is not needed, then do not file.... View More
Both parents have passed but the poa was submitted to gain access to bank, social security and life insurance plus submitted to court. I want to know as the oldest child and now executor what I can do to have them accountable for their actions?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023
If you have evidence that your siblings have submitted a falsified Power of Attorney (POA) to gain access to your parents' assets, you may want to consult with an attorney who specializes in estate law to discuss your legal options.
One potential course of action may be to challenge... View More
They presented it to the bank, social security what legal actions can I do to charge them if any accountability on their part for doing this? I am the oldest as well as the executor of the estate
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2023
You can file a petition to nullify the POA due to your mother’s lack of capacity, which you can prove with medical records and doctor testimony.
After the POA is nullified, you can file a petition for the appointment of a conservator for her. The conservator will be required to account... View More
My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... View More
answered on Mar 10, 2023
I am sorry for the loss of your mother.
I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest... View More
She is said to have left Me a house and land
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2023
Call the probate court in the county in which your aunt had lived to see if a probate has been opened. If yes, request a copy of the petition and her will and the letters of administration and the final order of distribution. Also search the land records with respect to the properties in question.... View More
Estate was less than $10,000 cash + personality. Home/property etc was already deeded to us girls.
Lawyer took it thru probate as a Large estate and it has not be closed yet nor been distributed.
Any advice? Thank you
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023
Usually a Small Estate Affidavit closes without any Court proceeding. Read the Court File closely.
Auto,s guns and much more taken an sold . They are taking from my mom which is elderly but is of sound mind herself
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023
First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
To answer your... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
