Get free answers to your Probate legal questions from lawyers in your area.
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
My nephews grandfather passed and he inherited money can the courts take it?
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answered on Jul 21, 2022
Yes...Nephew needs an attorney, and maybe this could end supervised probation.
The court appointed the probate lawyer to be an administrator in my husband 's estate,so basically I would like him to be removed from this position and estate to be closed. I just simply do not trust him.
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answered on Jul 20, 2022
That is a motion to remove the administrator for cause, and maybe an accounting. You will need some definite reasons to talk the Judge into removing someone he appointed a fiduciary. Not trusting him will not suffice. Also a proposed successor administrator will need to be suggested, such as... View More
What do I need to do
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answered on Jul 5, 2022
More than likely you will need to file a Probate Action, possibly a Small Estate Affidavit. Sometimes there is not enough money involved to justify the expense of Probate, so consult with a competent attorney.
Can I use the partition provision of TN law to force a sale of property I jointly inherited with family members, when 2 of the 6 beneficiaries of the will were also given a lifetime estate in the properties as part of the will?
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answered on Jun 28, 2022
Yes but only with their consent.
If I am joint owner of Mom's banking account will the court order that also to be split?
There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it... View More
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answered on Jun 27, 2022
If you are the Joint Owner, then the Bank Account is yours and does not go to the Next Of Kin. Who the Heirs are, of which Decedent, is something you need to talk to a competent attorney. Title needs to be searched, and Heirs determined. The paper may or may not be a Will. If not Probated, it... View More
There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it should be split equally between my brother and me. But I am told it is not a valid will. Would I not... View More
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answered on Jun 27, 2022
When a person dies without a valid law, heirship is determined by the laws of intestate succession. It sounds like your mother was single when she passed. In that case the estate is split into one share for each child, living or deceased, unless a child died without any living descendants of his... View More
For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... View More
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answered on Jun 27, 2022
That is a good question because the surviving spouse's share is different depending on whether or not there is a will. If there is no will, like my colleague Mr. Avery stated, the surviving spouse's share is determined by the laws of intestate succession. At the risk of oversimplifying,... View More
I believe my brother overlooked an entry.
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answered on Jun 14, 2022
You will have to ask your father for a copy. He is the only one that has the authority to release the original or copy of his will, for as long as he is alive.
If so, I assume you have to first deed it to the trust and then deed it to the beneficiaries before selling, correct?
Thanks!
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answered on Jun 9, 2022
The answers to your questions are yes and yes.
Creditors have been notified about the probate. If they chose to respond, will they reply to the attorney's office? If they do not respond, will the debit still be required to be paid?
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answered on May 23, 2022
Some creditors (like TENNCARE) do not have to respond, and yet must get paid and released. Most creditors will have to perfect their claims with the Probate Court, but some can file up to a year from date of death. Some unperfected claims will be denied. Your attorney should have told you this.
I sent several emails that have gone unanswered. I have been in the office and still get frustrated blank looks. I hate to start over since the process has already begun, but I’m at a loss as to how to my questions answered.
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answered on May 23, 2022
If a Probate Case has not been filed yet, then you need to determine if Probate is necessary in the first place. An analysis of the properties involved must be performed first, and it sounds like you may have jumped straight to Probate just because you thought you had to. If the Estate is being... View More
He died without any insurance I was trying to get the money to go toward his funeral expenses. I’m his biological son
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answered on May 5, 2022
You can check to see who are the authorized signatories on the account with the Bank. But if he owned it individually, noone else has access to it right now. Sometimes a Bank will consider an Affidavit of Heirship as evidence of the Next Of Kin entitled to the personal property. Otherwise you... View More
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answered on Apr 28, 2022
Not sure of your question. But if they have no source of title, then the grantor cannot convey. There could be a felony involved for a totally wild deed. But worse they may claim some authority, and you will have to file a very difficult, expensive case in Chancery to set aside the fraudulent... View More
is on DEED.
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answered on Mar 29, 2022
Typically a home title is "updated" using a deed, but the proper method depends on the reason for the "update".
A real estate attorney or title company can help you research how title is held. Regarding probate, your question is unclear.
You refer to... View More
My brother passed away with no will and me and my two sisters are the heirs. He left no will. We agreed the one sister would be Executor and have signed papers back in Feb. but because she lives out of state, we are still waiting for approval and probate to begin.
She is making bad... View More
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answered on Mar 29, 2022
It does not sound like Probate has been filed yet. If not, you can Petition the Court to be the Administrator. If Probate has begun, then you can file a Motion To Remove her For Cause. But initially you need a competent TN attorney to examine the assets and determine whether Probate is... View More
home into my name to sell. Only creditor is mortgage co., I am surviving spouse, no children living. What do I do NOW? If mortgage files a claim, does that mean I have to pay it off before I can sell?? Confused senior lady appreciates answers. Is in Probate, I am administratix of estate (such as... View More
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answered on Mar 28, 2022
There are too many facts missing to answer your questions. There are no one-size-fits all answers. But you might find some general rules helpful.
First, as a general rule, real estate is not a probate asset in Tennessee, but there there are some pretty huge exceptions, so you should... View More
I’ve lived here for 6 years and she passed last month. The estate is in probate. My brother and I are administrators over estate. He’s not seen my mother in 4 years.
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answered on Mar 19, 2022
Yes as he is apparently an Heir as well as an Administrator. But I doubt the real property is part of the Probate Estate.
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answered on Mar 13, 2022
If you have exposed it to the market for a reasonable period of time and it has not sold, that suggests that the price is too high. Maybe try lowering the price.
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