Elderly relative having dementia was unduly influenced to signing his will. The attorney who composed and executed the will had a relative as one of the witnesses to the signing.. I think a relative would have biase, what does the law say about t...
I agree with my colleague in that being a relative to the attorney/notary doesn't necessarily impact the validity of the will. You should speak to a probate litigation attorney to determine if you have a case for a will contest under the theories of undue influence or lack of capacity.See question
My father passed away and he didn't have a lot of belongings. I was named his sole beneficiary on his life insurance. He didnt have a will. My mother's name is on his house. However he owes the IRS a debt but we are unsure how much. The bank will ...
You may not need to open an Estate, or at least not a full Estate, depending on how his assets were titled. The life insurance policy with you named as a beneficiary will pass outside of the Estate directly to you. You say your mother is named on the house, is this by tenants in common, joint tenants, tenants by the entirety? The latter two will result in her owning the house outright and will avoid probate, the former will result in needing to do some work to get it in the heirs' names. As for the bank account, you will need to take a copy of the death certificate and see if they will give you or your mother any information. If not, it's likely that the account had no joint ownership or payment on death, and therefore some form of probate will need to be done in order to access the funds. If the amount is under $50,000 you can get what is called a Small Estate Affidavit, thereby allowing you to remove the funds and distribute them to the correct heirs. If not, you will need to open a full probate. There are a lot of factors here, including the potential claim by the IRS. I would strongly recommend contacting a Tennessee attorney to help you determine what steps need to be taken. Good luck.See question
My husbands grandmother left her home and farm equipment to him in a trust with his mother as the trustee, to be turned over to him once he turned 35 (10 years after her death). Unbeknownst to me his mother persuaded him to sign the trust over to ...
I agree that this may be a breach of fiduciary duty on behalf of the trustee, however the applicable statute of limitations may have already run thereby preventing you from succeeding. You will want to talk to a local attorney to discuss your potential claim.See question
My grandmother passed away 2010. She did not leave a will and my father and aunt are still alive. My father lives in colorado and my aunt here. I have lived in ny grandmothers house for 6 years or so...I got married in 2011 and my father gave me ,...
I agree with my colleague in that an oral transfer is not effective for anything, unfortunately. That said, he can still transfer by deed his interest in the property over to you now. An affidavit of heirship, or better yet a limited probate proceeding called muniment of title, will need to be filed showing the transfer from your grandmother to your aunt and father via her passing, and then he can give you his interest via quitclaim deed.
Note that your aunt will own the other half interest int he property, and will likely want to sell it or have you buy her out. While you have paid taxes and such on the home you have also lived in it for the last 6 years, so expecting your aunt or father to pay it probably wouldn't get you very far in a court.
You should speak to a TN attorney to help you make the necessary transfers and explore options with your aunt.
Do your own will in Tennessee
My colleagues are correct in that this is what is called a holographic will. Note, however, the only real requirements in drafting a holographic will is that the essential parts be in your own handwriting and that it appear to be a last will and testament (generally putting it all in your handwriting is a good idea - sometimes those pre-made "form" wills with handwritten information added in are not valid.) As that is the only requirement you do not need witnesses and you do not need to notarize the document. Two people familiar with your handwriting will be required to testify that it is indeed your handwriting after your passing, but that's it as far as witnesses and formalities go.
While holographic wills might seem like a brilliant way to save some money, you will want to check with a TN attorney to make sure that the final product is actually effective in disposing of your estate in the way in which you intended (this shouldn't cost much at all). Holographic wills are notorious for creating problems for families and estates after death, and such problems are exactly what you are trying to avoid.
Aunt passed away without a will. Uncle stepped up and made himself administrator thru court without letting myself and three other nieces and nephews about the estate. He only listed two other Aunts and himself as heirs. His attorney also knows...
You do not state whether your parents (the deceased Aunt's siblings) is still living. If your parent is still living you do not get a share of the Estate and therefore do not have to be listed. If the Decedent did not have any children, your grandparents have predeceased, and your parent has predeceased, then you need to notify the estate attorney immediately. If you are a child born out of wedlock then this gets more complicated, as your right to inherit may need to be proven first. I recommend contacting a TN probate attorney immediately to assist you.See question
Both parents passed away. Will disappeared then reappeared but WAS NOT mother or fathers hand writing and was nothing as had been discussed by parents. Will was clearly forged by sibling or perhaps siblings spouse. Under TN. State law if proven wh...
You need to file a will contest, and should do so soon as there are time limits for filing. Speak to a TN probate litigation attorney ASAP if you believe there has been wrongdoing.See question
Mom passed away there is no will. We are trying to take care of the mortgage but we don't know who may be executor.
If there is no will there is no executor. The court can appoint an administrator of the estate to handle the decedent's accounts. This person will be the spouse, a child of the decedent, a parent, a relative, etc. You should speak to a TN probate attorney to determine if opening an estate and appointing an administrator is necessary in this case.See question
I have 3 brothers involved in this as well. I have always been there n helped my mom. One brother wasn't around our mom for 17 years, one wasn't for the last 6 years, n the other only made mends one year before she passed. They all voted that my o...
The latest a claim can be filed - even for known creditors like yourself - would have been one year after her date of death. That said, if the date of death was in 2015, you would only have a chance if that date was between today and December 31, 2015. If it was, seek the assistance of a lawyer IMMEDIATELY to file your claim as a known creditor (not guaranteed even then). Short of that you can unfortunately no longer make a claim for reimbursement.See question
What rights do I have as a sibling to part of the funds?
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!See question