Christina Norton Norris’s Answers

Christina Norton Norris

Nashville Probate Attorney.

Contributor Level 9
  1. Do I need to get a deed in my name before I can sell an inherited house?

    Answered almost 2 years ago.

    1. Christina Norton Norris
    2. Robert William Haley
    3. Celia R Reed
    4. Cheryl Rivera Smith
    4 lawyer answers

    In Tennessee, Executors/Personal Representatives typically do not record deeds to real property. In Tennessee, ownership of real property passes to the heirs/beneficiaries outside of probate immediately upon the death of the property owner. Talk with the closing agent who is going to close the sale -- he/she will tell you what documents you need to provide prior to the sale closing date. The closing agent may want you to sign an Affidavit of Inheritance.

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  2. Need more Advice Please, When my husband passed he had no will my son is now taking me to probate/court

    Answered over 2 years ago.

    1. Christina Norton Norris
    2. Amanda Marie Cook
    3. Edwin Arnold Anderson
    4. James P. Frederick
    4 lawyer answers

    Under Tennessee law, the house passed to you immediately when your husband died since you were married at the time of his death. The earlier divorce is irrelevant, since you later remarried. In addition to the home, you are entitled to one of the vehicles, all the personal items (furniture, personal items & collections, and appliances) inside the home, and a year's financial support. Your question does not mention any bank accounts - did your husband have bank accounts held in his sole name (...

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  3. In a death where there are creditors and a will can you tell me what probate means.

    Answered almost 2 years ago.

    1. Charles Adam Shultz
    2. Christina Norton Norris
    3. Arnold Garson Cohen
    4. Edwin Arnold Anderson
    5. Jonathan Craig Reed
    5 lawyer answers

    In addition to the advice above for your wife to open the estate, you should know that creditors are required to comply with strict rules for filing claims -- and they don't always comply with those rules. Many creditors' claims are dismissed or reduced -- your wife needs to contact a probate lawyer in Newport or nearby, ASAP. Don't make any more calls to the creditor -- call a probate lawyer.

    7 lawyers agreed with this answer

  4. Elderly Guardianship

    Answered over 1 year ago.

    1. Christina Norton Norris
    2. Lawrence A Friedman
    3. James Gregory Las Cola
    3 lawyer answers

    Since your mother is a resident of Illinois, Illinois law and courts control this situation. Contact an attorney in the city in Illinois where your mother lives. If your mother is lucid enough to know what she is signing, and she wants you to manage her funds, she may be able to appoint you as Guardian/Conservator of her property. Of course, she may become confused and revoke that appointment or appoint your brother. If she were in Tennessee, and if her doctor would sign a sworn statement...

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  5. I am disabled, I draw $650 a month Social Security. I DO NOT draw SSI. My mom is wanting to give me my money share of her money

    Answered 11 months ago.

    1. Christina Norton Norris
    2. Stephanie O Joy
    3. D K Kevin Dugan
    4. Sonya F. Mittelman
    4 lawyer answers

    I agree with the above answers. However, there are other issues to consider. Since you are your mother's POA, make sure that she has independent advice and has medical evidence of her mental competence before she transfers any portion of her assets to you -- to protect yourself from potential undue influence claims. if you have not exercised the POA, it isn't as much of a problem. Also, have you considered that there are negative tax consequences from an outright transfer of her home to you...

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  6. I am the person who's husband passed away without any legal forms . I received a check that I need cashed.

    Answered almost 2 years ago.

    1. Gary Todd Dupler
    2. Christina Norton Norris
    3. James P. Frederick
    4. Celia R Reed
    4 lawyer answers

    You likely will not need an attorney. Assuming the check is payable solely to your deceased husband, go to the Rutherford County Probate Clerk's office and ask for a Small Estate Affidavit. List the check as an asset, along with any other property titled solely to your husband. Also list any debts owed by your husband alone (not joint debts). I recommend not publishing a notice to creditors. Assuming the estate assets are under $25,000, and your husband's adult children consent to your...

    5 lawyers agreed with this answer

  7. Is probate required when a will leaves his step son less than $200,000? There are no other living relatives.

    Answered almost 2 years ago.

    1. John Michael Kington II
    2. Christina Norton Norris
    3. Joseph Franklin Pippen Jr.
    4. Arnold Garson Cohen
    5. Celia R Reed
    6. ···
    6 lawyer answers

    Yes, you will need to contact an attorney to probate the will -- assuming the Decedent died with assets held in his own name. If the Decedent has assets in a bank or investment account, the bank or investment company will refuse to release the funds to anyone until after the will is probated. If the $200,000 is in an account with a designated beneficiary, however, those funds must be released to the named beneficiary outside of probate. No, you will likely not owe any estate or...

    5 lawyers agreed with this answer

  8. Is it true that if you pay the property taxes on an estate for 7 years that the property becomes yours?

    Answered over 2 years ago.

    1. Christina Norton Norris
    2. Jacob Shad Mason
    3. Edwin Arnold Anderson
    3 lawyer answers

    Who inherited the property from your father-in-law? Those persons are the record owners of the property. Your payment of property taxes for 9 years, would give you a claim for reimbursement from the record owners. It would also give you a claim for "adverse possession" of the property if you had "color of title," but it sounds like from what you've written, that you do not. In Tennessee, payment of property taxes for 20 years by a person without color of title would support a claim of...

    5 lawyers agreed with this answer

  9. I have a case that involves elderly abuse and Medicaid and Social Security fraud will a commonwealth attorney help me for free

    Answered over 1 year ago.

    1. Christina Norton Norris
    2. Alan Daniel Hall
    3. Ingrid Arnalda Morfa
    3 lawyer answers

    Is your mother's estate being administered by a court? If so, the Executor can require your sister to file an accounting of her use of your mother's funds. Even if the probate is now closed, any family member can require an accounting from a former POA -- in Tennessee, there is a 3-year statute of limitations on conversion (theft) and fraud. You should also go to the local Social Security Office and report your concerns about misuse or theft of your mother's social security checks. They can...

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  10. What documents do I need to access (withdraw) money from my deceased husband's stock account?

    Answered almost 2 years ago.

    1. Christina Norton Norris
    2. Edwin Arnold Anderson
    3. James P. Frederick
    4. Rani Kay Sampson
    5. Michael S Hill
    5 lawyer answers

    In Tennessee, you can complete a "Small Estate Affidavit" and be appointed Personal Representative in cases where probate assets are $25,000 or less and do not include real property. The Small Estate Affidavit form should be available at your local Probate Clerk's office. You can get tax id # on-line (after you've been appointed Personal Representative) at www.irs.gov. If these steps seem too complicated, you should contact a local attorney to help you. You can call several and compare fees...

    4 lawyers agreed with this answer

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