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Alexander Stephen Fasching

Alexander Fasching’s Answers

130 total


  • TN Estate help - Brother was the Executor and had survivor benefits and now says he is keeping the funds.

    What rights do I have as a sibling to part of the funds?

    Alexander’s Answer

    By survivor benefits I am guessing you mean on a bank account or such. These assets would then pass outside of probate, making his role as executor not relevant to the situation. You can still challenge his receiving these funds on the grounds of undue influence and/or lack of capacity if he as added as the survivor on the account when your parent (?) was not in their right mind or was coerced (or if he did it using a power of attorney). You should immediately contact a local attorney to help you determine what your best course of action would be. Good luck!

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  • What do i do to change an executor of an existing will

    i want to change from daughter to grand daughter asexecutor

    Alexander’s Answer

    I assume this is your will, and you are not taking it upon yourself to change someone else's will.
    You can either draft an entire new will, or do a codicil to your current will changing just that one part. Keep in mind that a codicil still needs to be executed with all of the formalities of a regular will, but saves you from having to repeat everything you already stated in the original will.
    I would recommend contacting an attorney to help you with the codicil - as it is a quick fix it shouldn't cost you much at all.

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  • Does the executor have to pay all heirs at the same time, my brother paid grandkids, but not me.

    My mother's will names my brother as executor, but will not probated. Mother left money to each grandchild and my brother and me split all stock, money, property, etc. 50/50. My brother has paid the grandchildren but I have seen nothing. He will ...

    Alexander’s Answer

    • Selected as best answer

    My guess is that the distributions to the grandchildren were smaller sums that the estate could easily pay knowing the estate was solvent (had plenty of money in it). Your and your brother's shares look like they are part of the residuary (everything leftover after the specific gifts to the grandchildren) and so the amount won't be known until the estate is about ready to be closed. You can usually request a partial disbursement of the funds if you need some of it now, though there is no guarantee the administrator will agree to do so. It sounds like the estate attorney just doesn't want to deal wit you directly.
    I would strongly recommend hiring a probate attorney to help speed along the distribution process and hopefully get you a partial distribution now. Some firms (including ours) will let you pay your attorneys fees out of your eventual distribution rather than having to pay up front.

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  • Are their grandparent laws in the state of Tennessee

    I haven't seen 2 of my granddaughters in 3 years.Now that I think that I have find them I would like to spend sometime with them

    Alexander’s Answer

    Your first step would be to ask their parents if you can visit them. If not, you still may be able to get some visitation rights if it is in the best interests of the child and satisfies the factors below:

    According to Tennessee law, Tennessee Code Annotated § 36-6-307, in certain cases only, grandparents who want visitation rights may request a court hearing if the visitations are being denied by the residential parents. Note they may not request a hearing where the parents are still married to each other or where there was a divorce and the stepparent adopted the child.

    There are six situations which give grandparents the right to request a hearing. The first three situations relate to the parents themselves. They are cases in which either one parent died, the parents are divorced, separated or never married, or one parent is missing for at least six months.

    Two of the situations relate to the grandparents themselves. If the child lived with the grandparents for at least twelve months and was removed by the parent or parents, or if the child had a “significant existing relationship” with the grandparents prior to the relationship being severed by the parents (and there was no abuse or danger to the child by the grandparents) and severing the relationship may cause emotional harm to the child, the grandparents may request a hearing. In two of these situations where the grandchild lived with the grandparents or where one parent is deceased (and the deceased parent’s parents are seeking visitation rights), the court presumes that denying visitation will endanger the child. Finally, if a court in another state granted grandparent visitation rights, the grandparents also have a right to ask for a hearing.

    In short, if the parents are still married to each other or where there was a divorce and the stepparent adopted the child you are out of luck. If this isn't the case, and you might satisfy one of the six situations listed above, you should contact a local Tennessee attorney to help assess your options.

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  • Do I as a grandparent have any visitation rights in the state of TN

    Three years ago my daughter lost custody of her child (my grandson) to the fiternal fathers sister. I've tried to visit my grandson or ask to have time alone with him with his other aunts on our side. I'm given no rights to visit what so ever. I'm...

    Alexander’s Answer

    According to Tennessee law, Tennessee Code Annotated § 36-6-307, in certain cases only, grandparents who want visitation rights may request a court hearing if the visitations are being denied by the residential parents. Note they may not request a hearing where the parents are still married to each other or where there was a divorce and the stepparent adopted the child.

    There are six situations which give grandparents the right to request a hearing. The first three situations relate to the parents themselves. They are cases in which either one parent died, the parents are divorced, separated or never married, or one parent is missing for at least six months.

    Two of the situations relate to the grandparents themselves. If the child lived with the grandparents for at least twelve months and was removed by the parent or parents, or if the child had a “significant existing relationship” with the grandparents prior to the relationship being severed by the parents (and there was no abuse or danger to the child by the grandparents) and severing the relationship may cause emotional harm to the child, the grandparents may request a hearing. In two of these situations where the grandchild lived with the grandparents or where one parent is deceased (and the deceased parent’s parents are seeking visitation rights), the court presumes that denying visitation will endanger the child. Finally, if a court in another state granted grandparent visitation rights, the grandparents also have a right to ask for a hearing.

    In short, the parents are still married to each other or where there was a divorce and the stepparent adopted the child you are out of luck. If this isn't the case, and you might satisfy one of the six situations listed above, you should contact a local Tennessee attorney to help assess your options.

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  • The correct wording for a will where 1st choice in all tangible property goes to the 1 granddaughter

    Any tangible property she does not want goes to the 1 grandson.

    Alexander’s Answer

    Wills do not require any "magic" words to be operative or valid. That said, lawyers are generally hired to draft wills because they are able to clearly lay out the exact intentions of the person wanting the will drafted, which is extremely important as you aren't around to express your intent when it comes time for the will to take effect. If you are concerned that the wording you are using may not have the desired effect you should contact a local attorney for assistance.

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  • Would me and my sister be involved about whats happing to our dad?

    My dad passed yesterday. Me and my sister are his only to kids. He died in tennesse me and my sister live in the next town to where he was living. We are from ohio and i dont know whats happening to him because nobody has called me. My dad did not...

    Alexander’s Answer

    My colleague is correct in that you would be responsible for arranging the funeral, etc. As there is not will you can also take on the role of administrator of his estate. This would require filing a petition and being appointed by the court, thereby allowing you to consolidate your father's property and distribute it to his lawful heirs (in this case apparently you and your sister).
    You should contact a local attorney in Tennessee to help you determine what the best course of action is regarding his estate, as there are a number of options depending on the extent of his property.

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  • I live in TN how do I obtain guardianship for my spouse who is not competent at 86 years of age

    My wife has no power of attorney, or living will and is now in the nursing home.

    Alexander’s Answer

    I think I may have answered this already in another post, but here it is again:
    A conservatorship is a court-approved and court supervised legal relationship between a competent adult (known as a conservator in TN; as a guardian in other states) and an adult who needs assistance in decision making. The court gives the conservator specific authority and duty to act on behalf of the individual in making specified types of decisions affecting the person’s life, but the court maintains authority. Each state has a set of laws on conservatorship, as there is no uniform national conservatorship law.
    In Tennessee, the definition of a conservator is a person appointed by the court to provide partial or full supervision, protection and assistance. The court has the final decision-making responsibility and authority in those areas, such as health care, living arrangements and/or finances, for which conservatorship has been deemed necessary. A conservator acts as the agent of the court. All rights stay with the individual except for the specific area(s) in which the court transfers decision-making to the conservator. Conservatorship is a legal, not medical determination. The court’s decision is based on the determination that a person lacks capacity (or legal ability) to handle specific personal decisions, money and similar matters. The court will review reports from doctors, psychologists, or others with relevant information, but only the court can assign legal conservatorship over a person, although a physician’s or psychologist’s statement is required to establish incapacity.
    A conservatorship can and should be set up to preserve as many rights to decision-making as is appropriate for the individual. Any adult has the right to make “bad” decisions, decisions that aren’t in his/her best interest or that are contrary to advice (such as eating junk food instead of a healthy meal, spending extra money rather than saving it). Eccentric or unusual choices are not grounds for conservatorship. However, if a person consistently makes significant, harmful decisions and does not seem to understand the consequences, conservatorship should be considered. A family discussion can help assess an individual’s decision-making capacity. As appropriate to the particular circumstances, the individual should be involved in such conversations whenever and by whatever means possible.
    In some situations, less intrusive alternatives, such as a joint bank account or power of attorney can provide some or all of the protections an individual needs. You should speak to a local attorney to see what the best course of action is after taking into consideration all relevant facts.

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  • How do I obtain guardianship for a spouse with dementia

    My fathers wife is in the nursing home, and needs to be able to handle her insurance and to her bills that he has been paying. The insurance companies will not talk to him because her daughter who died two weeks ago was the beneficiary.

    Alexander’s Answer

    A conservatorship is a court-approved and court supervised legal relationship between a competent adult (known as a conservator in TN; as a guardian in other states) and an adult who needs assistance in decision making. The court gives the conservator specific authority and duty to act on behalf of the individual in making specified types of decisions affecting the person’s life, but the court maintains authority. Each state has a set of laws on conservatorship, as there is no uniform national conservatorship law.
    In Tennessee, the definition of a conservator is a person appointed by the court to provide partial or full supervision, protection and assistance. The court has the final decision-making responsibility and authority in those areas, such as health care, living arrangements and/or finances, for which conservatorship has been deemed necessary. A conservator acts as the agent of the court. All rights stay with the individual except for the specific area(s) in which the court transfers decision-making to the conservator. Conservatorship is a legal, not medical determination. The court’s decision is based on the determination that a person lacks capacity (or legal ability) to handle specific personal decisions, money and similar matters. The court will review reports from doctors, psychologists, or others with relevant information, but only the court can assign legal conservatorship over a person, although a physician’s or psychologist’s statement is required to establish incapacity.
    A conservatorship can and should be set up to preserve as many rights to decision-making as is appropriate for the individual. Any adult has the right to make “bad” decisions, decisions that aren’t in his/her best interest or that are contrary to advice (such as eating junk food instead of a healthy meal, spending extra money rather than saving it). Eccentric or unusual choices are not grounds for conservatorship. However, if a person consistently makes significant, harmful decisions and does not seem to understand the consequences, conservatorship should be considered. A family discussion can help assess an individual’s decision-making capacity. As appropriate to the particular circumstances, the individual should be involved in such conversations whenever and by whatever means possible.
    In some situations, less intrusive alternatives, such as a joint bank account or power of attorney can provide some or all of the protections an individual needs. You should speak to a local attorney to see what the best course of action is after taking into consideration all relevant facts.

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  • How do you contest a will that has been changed when you are worried that the person's mental capacity is declining?

    Dad changes his will every time some one makes him mad. We are concerned that a grand daughter is taking his money. When any of his son's questions her motives, Dad gets very angry. This last time Dad told his sons he has changed his will and is...

    Alexander’s Answer

    My colleagues are correct in that a conservatorship would be the only way to prevent changes to his will now. While you could contest any changes to his will after his passing, if they are the product of undue influence or lack of capacity, there is no guarantee you will be successful. Your best bet is to speak to a local attorney about initiating a conservatorship proceeding as soon as possible.

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