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My father willed the family home to me leaving my mother lifetime residency. He was the sole owner of the property. My mother's lawyer had her sign a Lifetime Estate deed for herself, but she wasn't willed the property. Everything I've read states there is a difference between... View More 
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answered on May 3, 2024
Hire a TN attorney to search the title first. Unless the Will is Probated it means nothing. More than likely you are an heir. Dad's surviving spouse would be an heir also. If Mother was not a spouse, then she has no interest at all. You may need to file an Ejectment Action.
Mortgage company says they can't force me to pay it, but can still foreclose don't make enough to pay it
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answered on Apr 30, 2024
The Deed of Trust and Note appear to be enforceable. If the Note is not paid, the lender forecloses. You might want to sell the home now if there is any decent equity. Otherwise you might rent it until foreclosure. You are not personally liable on the debt.
Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?
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answered on Apr 22, 2024
Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More
but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?
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answered on Apr 19, 2024
Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW.... View More
but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?
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answered on Apr 19, 2024
I agree that you need to hire an attorney to figure things out. If you have a real easement meaning everything checks out then you can get an injunction to stop them from locking the gate.
If you do not have a recorded easement then you have a big problem that you need to address with an... View More
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answered on Apr 17, 2024
Hire a competent attorney to draft that Deed. There are several different estates that could be created, not just putting her on the Deed. Ask the lawyer for the choices, and if he does not know what to explain, go somewhere else. It should not cost more than $300. If there are any problems,... View More
Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More
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answered on Apr 9, 2024
What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More
I received a notice saying: Liability to Landlord insurance is limited to damage to Landlord's property arising from the perils of: fire, smoke, explosion, backup or overflow of sewer, drain or sump, water damage, falling objects, riot or civil commotion.
$100K limit; coverage is per... View More
answered on Apr 5, 2024
No, unless your lease agreement obligates you to pay for such insurance, the management company cannot simply demand that you pay it. You would have to agree with your landlord that payment for such insurance is part of your obligation under your lease.
If you are a landowner petitioning the county for an easement through someone else's land, but you already have an easement through a separate piece of land and it is recorded in the deeds, can you be granted another easement though the other person's property just because your already... View More
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answered on Mar 15, 2024
No... A recorded easement needs to be in the servient tenement's chain of title, not in the title of the dominant parcel. You do not "petition the county". You must file suit, usually in Chancery. More than likely landowner wanting to use the ROW will need to go to Court... View More
We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More
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answered on Mar 11, 2024
In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:
1. Contact the county assessor's office: You can reach out to the Claiborne County... View More
We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More
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answered on Mar 11, 2024
Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More
My driveway connects to two properties, my own and a vacant residence. The neighbor on the other side of the vacant residence uses the driveway to go and dump scrap metal, junk cars, car parts in the vacant properties backyard, supposedly with the owners permission. The owner has been deceased for... View More
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answered on Mar 8, 2024
Hire an attorney to search the titles of all properties involved, that is at least two. An easement needs to be recorded in the servient parcel's chain of title, not the dominant (the one that uses the ROW) parcel. Twenty years of use easily creates an easement by prescription. If no... View More
I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More
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answered on Mar 7, 2024
You will have to hire a TN attorney now to sue for a Resulting Trust, Notice Lis Pendens, and a TRO in Chancery. A Bond will have to be made to stop the sale pending litigation. You will have to put on evidence of your payments. It will be difficult and expensive. Otherwise you lose... View More
I want to note i am not a legal citizen of the United States that is why our family friend offered to get us a house. We have lived in it for more than two years. We have had some problems with work and we decided one of our options was to move states. I let the friend know we were looking to sell... View More
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answered on Mar 7, 2024
I understand this is a difficult and stressful situation. Based on the information you've provided, here are a few important points to consider:
1. Legal ownership: If the house is legally under your friend's name, they are the legal owner of the property, even if you have made... View More
...reference to the bylaws as in subdivision (a)(1)? Aren't requirements for meetings normally in a corporation's bylaws (as opposed to the charter, which I would understand to be the articles of incorporation)? Or, if a corporation's bylaws do address requirements for demanding a... View More
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answered on Mar 5, 2024
The Tennessee Condominium Act (TCA 66-27) governs condominium associations in the state. Per TCA 66-27-402, the bylaws of the association must provide for meetings of the unit owners/members. The bylaws are supposed to specify things like how meetings are called, notice requirements, quorum, voting... View More
Bylaws were created by a developer however the current board is using the bylaws in place like a developer crippling homeowners rights
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answered on Mar 4, 2024
Bylaws serve as the governing documents for many organizations, including homeowners' associations (HOAs), and are typically established by the developer at the time of the community's creation. There is no automatic expiration date or mandatory timeframe for changing bylaws. Instead, the... View More
Our uncle was rushed to the hospital nearly unconscience. A cousin realized he no longer had access to the uncle's home and changed the locks. The uncle died weeks later. The cousin cleaned out the uncle's home ( heirs didn't receive any itemized account of what was in the... View More
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answered on Feb 5, 2024
Apparently he has already been appointed administrator. Hire a TN attorney to represent one or more heirs /next of kin. It appears that you are very late getting involved. Heirs do not get a right of refusal, but you may oppose the sale as the heirs own it. Apparently he is claiming it... View More
In full and be able to obtain the current deed following payment? As well as claiming ownership?
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answered on Feb 1, 2024
To address the unpaid property taxes and potentially claim ownership of the property as one of the surviving children of your father, you'll need to follow a specific legal process:
Pay Unpaid Property Taxes: You can pay the unpaid property taxes to bring the property current. Make... View More
In full and be able to obtain the current deed following payment? As well as claiming ownership?
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answered on Feb 1, 2024
Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer... View More
Saying she needs me to sign something back to her. Is that me signing my rights to property away?
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answered on Jan 22, 2024
If the deed to the property states that it is owned by your mother "and her heirs," and your mother has recently passed away, then her share of the property would typically pass to her heirs, which likely includes you. If your grandmother is asking you to sign something, it's... View More
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