Will doesn't waive filing of inventory.Will states no bond or reports to Court be required.
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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.
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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 
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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
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.
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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.
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?
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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
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
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answered on Mar 2, 2023
Usually a Small Estate Affidavit closes without any Court proceeding. Read the Court File closely.
She has taken all family pictures, mowers, dads truck . What is law now that I’m executor to retrieve photos so I can give to other sisters and the items taken day after my mom passed?
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answered on Dec 30, 2022
As the court-appointed executor, you have right to demand and receive all items stolen from the estate. You might need to hire an attorney to help you with this if the thief does not voluntarily return them.
My cousin on my fathers side of the family passed away with no spouse, or children. His parents and grandparents are also deceased. There are no brothers, sisters, nieces, or nephews to this person. According to his family tree he had 1 aunt and 3 uncles on his fathers side with only one surviving.... View More
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answered on Dec 28, 2022
There is not enough information in your recitation of facts to answer your question.
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answered on Dec 18, 2022
Yes you need two witnesses, even if your will is notarized (two witnesses are mandatory, notary is optional but recommended), unless your will is entirely in your own handwriting.
Not have taken. If not can they take it if my son and I have a business account.
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answered on Dec 12, 2022
Life Insurance can be Exempt Property if handled properly. Hire an attorney for specific advice. You may wish to file a Notice Of Exempt Property with the Court.
home place and I am to inherit vacant land. The probate lawyer insisted that the rent from the vacant land which will be mine to be placed in the estate account. However, my sister is collecting rent from the
house she will received, but she is not depositing any funds into the estate... View More
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answered on Nov 17, 2022
Fire that attorney. Hire another attorney to finish up the probate and file a petition to have your sister removed as co-executor based upon conversion of estate property.
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answered on Oct 31, 2022
It is very possible you will serve all or some of the remainder of the sentence, as a violation is violation of probation. Talk to your lawyer and stay out of trouble.
My deceased father's WILL listed monies from a home that was sold outside of the current estate to be used for payments but that account was co-owned by my father and I which I was told left me as the owner. I was told I did not have to use those funds to pay the mortgage but I did anyway... View More
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answered on Oct 12, 2022
It sounds like you were joint owner of a bank account, which left you the sole owner at Father's death. So the Will did not include such money even if it had such a clause. The remaindermen takes the real property as they vests in possession, which here is subject to a Deed of Trust. If... View More
My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... View More
answered on Oct 4, 2022
You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... View More
It's been 3 months. The main thing I remember him saying is "if there is no will, there is no reason to open a probate". What does that mean? If I engage another lawyer can he bill me?
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answered on Sep 27, 2022
You can always hire another attorney but when you do, be sure to let the first attorney know that he has been fired so he does not keep working on your file (assuming he is working on it). As a general rule, attorneys cannot bill for services NOT provided, but there are subtle exceptions. Your... View More
BOUGHT AND GAVE THOSE ITEMS AS GIFTS, OR DO THOSE ITEMS REMAIN AS PART OF THE ESTATE PROPERTY. MY SISTER AND I ARE BOTH EXEC. AS WELL AS 50 / 50 ON THE ESTATE. SHE THINKS SHE GETS EVERYTHING SHE HAS
EVER BOUGHT AND GIVEN MY PARENTS OVER THE YEARS. SOME OF IT FROM 20 TO 30 YEARS AGO. TO ME... View More
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answered on Sep 7, 2022
Gifts transfer ownership of the gifted item from the giver to the recipient(s). Items your sister gave her parents belong in their estates. They do not automatically go back to her. If she wants those items back, then they would come out of her share of the estate.
My dad's will has specific details on what to do and my sister is not complying with anything. She won't even respond to my text, call's, or email. I need help. I'm going to be homeless if she isn't going to help me.
answered on Sep 1, 2022
A Tennessee attorney could advise best, but there was urgency in your post, which must have gotten overlooked in the "Uncategorized" heading. Repost your question in the Probate and Estate Planning categories, or you could also reach out to attorneys in those categories. There's a... View More
Home owned solely by her she her voiced wishes without a will to have the home transferred to my brother and I and set to transfer to her grandkids and for us to let her husband live in the home till he passes and us make sure he is cared for. Her husband agreed to honor her wishes and voiced this... View More
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answered on Aug 24, 2022
If Mother owned the home individually, then you, your brother and her Husband each own 1/3 undivided interests as tenants in common. No Detainer Warrant amongst the owners, but the grandchildren could be ousted. A Partition Suit may be in order. Someone has to keep paying taxes.
answered on Aug 19, 2022
A last will and testament must be signed by the testator and two adult witnesses to be valid.
My dad was put on my grandma's will as executor and when she passed he wrote a text message denying the rple as executor I was then forced to take care of everything regarding my grandma's funeral my dad then went to the bank and told everybody he is the executor. I ended up paying For... View More
answered on Aug 2, 2022
Depending on the size of your grandmother's estate, you need to start a probate proceeding and have yourself appointed as the executor of your grandmother's estate. If her estate is smaller than $100k, then you can avoid probate and handle it via a small estate affidavit. An attorney... View More
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