Skip to main content
Gary Todd Dupler
Avvo
Pro

Gary Dupler’s Answers

356 total


  • My Dad Passed January 2014. House & land are in my mothers name. Dad Has another son from a previous marriage.

    Dad had a couple of autos in his name, mom sold for 3,000 dollars there was no will. Is he (my half brother) entiled to anything.

    Gary’s Answer

    Intestacy does apply in TN when there is no will. A spouse, your mother in your case, would be entitled to 1/3 of the estate under the facts you discuss. However, the bigger issue is what property is actually in the estate. Jointly held property such as the house and land or bank accounts are generally not part of the estate (depends upon the exact wording of the documents). Neither is an account such as life insurance with its own beneficiary designation. If the only money in the estate is $3000, that amount could easily be eclipsed by administrative costs and fees, funeral expenses, etc. Feel free to contact our office or other probate counsel in East TN for a consultation.

    See question 
  • I need judicial decision of heir for my late father's and stepmother's property in El Paso, I saw to her burial in 2007. .

    They were married in France in the early 60s as he served in the US army. Dad retired in 1978 and passed in 1985 at El Paso. When I drove to El Paso to see to her funeral in 2007, I found the neighbors with access to the home and a wreck of a home...

    Gary’s Answer

    I agree with Attorney Anderson that you need to seek out a Texas attorney, most likely in the El Paso area. Jurisdiction in a probate matter follows along with the location of the property. Texas is a community property state so that issue may be relevant. A consultation with a Texas probate attorney would be worthwhile.

    See question 
  • I'm in the middle of a divorce and where we lived belonged to his mother and she passed away am I entitled to any part of it

    the house has a mortgage and when she passed we took over the house payment andI am now separating I live there 5 years and made the house payment and remodeled the house with this being done is this considered any part of our divorce proceedings

    Gary’s Answer

    I generally agree with my colleagues. I specifically emphasize that you need to have a consultation with a qualified divorce attorney. The timing of your mother-in-law's death could be an issue along with several other factors that need to be discussed specifically. As Mr. Houston indicated, even a one-time free consultation would give you better direction. Good luck!

    See question 
  • Do I receive a fee for personal representative for my brothers' estate even though it's not listed in his last will & testament?

    We already been to probate court to receive letters of testamentery. I've gotten credit reports from credit bureaus.

    Gary’s Answer

    I agree with Attorney Toy. I would add that in addition to keeping good records and logging your time, a good guideline for a reasonable hourly rate is the rate you earn for your primary employment.

    See question 
  • My husband died suddenly right in the middle of a financial crisis, I have lost everything.

    My husband passed suddenly in the middle of a financial crisis last year. Before he passed, we lost 2 of our homes. We lost all of our 6 businesses (retail). So many details that I knew nothing about, as he handled our business. I am over 65. ...

    Gary’s Answer

    If an attorney is helping you with the bankruptcy, you will need to discuss the situation with him or her and let the attorney guide you. If you do not have an attorney, you should find one. A probate attorney is also in order. An option on the business is to market it for sale or capital investment. You should speak to an investment banker or other similar professional in regard to that option. Good luck to you!

    See question 
  • When a person dies unexpected who has the rights to claim the body and personnel property? Who has the rights to the minor chil

    single dad had custody of 1 minor child 15 years. Has two adult boys. and 1 other minor child in the custody of a grandmother.

    Gary’s Answer

    My colleague, Attorney Cohen, has given an excellent response. I would only add that the other parent, assuming she is living, is entitled to custody unless there are bad circumstances, such as abuse or drugs. It also sounds like the father did not have a will. Another good reason to have a will is to name who you would like to raise your minor children should you die before the children are adults. While such a preference does not control, it certainly helps when one passes away unexpectedly.

    See question 
  • In probate what, when speaking of order of distribution of assets to heirs, do " issue" and "take by representation" mean?

    That is my question.

    Gary’s Answer

    I agree with the responses of my colleagues and their responses accurately define the use of the terms in Tennessee, as well as many other states. Issue means the direct descendants. If all of a deceased's children are alive, then issue refers only to those children.

    See question 
  • Is surviving spouse liable for medical debts of deceased spouse if there are no probate assets?

    An estate will not be opened; there are no probate assets.

    Gary’s Answer

    In Tennessee, a surviving spouse is generally responsible for providing for the necessaries of his or her deceased spouse, including medical and funeral expenses, if they are not paid by the deceased spouse's estate. This "necessaries" doctrine evolved over time. Satisfying or eliminating debt is a primary function of the probate process and you may want to file some type of probate action for that purpose. You also may be able to negotiate with the medical providers. You should contact and speak with a local probate attorney to assist you and discuss your specific options.

    See question 
  • I live in Tn. my father lived and died in S.C. How do I find out about his will being probated? Also is there a time period ?

    My father had remarried, that is the reason I do not know anything about his will.

    Gary’s Answer

    I agree with Attorney Zelinger. However, you may find that nothing has been filed yet or that the widow may not be planning to file anything. If you are not able to communicate with the widow, you should contact a probate attorney who practices in the county where your father resided. Even if you are omitted from the will, you may have rights under SC law. Often, attorneys are willing to talk about the situation on the phone and will be able to generally tell you your rights in this situation. Good luck!

    See question 
  • Can you be a beneficiary to a home insurance policy, when you did not own the home : the property is deeded to the children.

    Our fathers house was burned, he died in the fire. His new wife of two years had all the wills changed. She was listed as the beneficiary in the home insurance policy, but did not own the home nor was listed on the house property. We, his said ...

    Gary’s Answer

    You have several issues which cannot be addressed by this general forum and without more specific facts. It sounds like there is a deed to the house and property that provided a life estate to the new wife and remainder interests to you and your siblings. Insurance policies are separate contracts and the specific policy and declarations will need to be reviewed. The policies make a distinction between structures and personal property, and based on your facts, that will be an issue. You should consult with a local probate attorney and have the attorney review all the documents (deed, insurance policy, will, etc.) to give you specific answers on what can and should be done. Good luck!

    See question