Can I get a Letter Testamentary in TN, without going through probate ,to inherit the only two assets not held jointly ?
Seth's answer
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Answered on July 04, 2024
The accounts are most likely payable to his estate if there was not a beneficiary named. That would require opening a probate case in Williamson...
Is a power of attorney really needed???
Seth's answer
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Answered on June 22, 2024
With an adult who has special needs, what comes to mind for me is whether she has legal capacity. Some mental disabilities do not cause a loss of...
What needs to be done to protect my parents home when they pass?
Seth's answer
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Answered on June 22, 2024
There are probably two options I would consider for a client of mine similarly situated. One, the simplest, would be to draft a new deed where both...
Would I need to set up an estate/go through probate for a class action settlement for a deceased parent?
Seth's answer
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Answered on June 10, 2024
This sounds correct. Normally if someone has a cause of action that has accrued during their life, there must be a probate estate open to continue...
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How does my dad go about adding me to his house deed?
Seth's answer
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Answered on June 08, 2024
Adding someone to whom you're not married to the deed of a house is risky business. It opens up both parties to liability and could cause loss of...
How do i avoid paying proerty gains tax in ny?
Seth's answer
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Answered on June 08, 2024
If this is your primary residence, there is an exclusion on federal capital gains up to a certain amount. For single people, it's $250,000 of gain...
How do you remove someone from a deed?
Seth's answer
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Answered on May 22, 2024
A new deed will have to be executed. But there can be some harsh consequences if it is not done properly. You'll want to consult with both a...
My friend died without a will but his wishes were to give me the house upon his death. His heir wants to know the best way?
Seth's answer
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Answered on May 19, 2024
In Tennessee, title to real estate vests in the heirs at law automatically when the owner dies without a will. So she should have the authority to...
What do I need to do if my uncle is keeping a trust away from me?
Seth's answer
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Answered on May 16, 2024
My condolences for your loss. If you are named as the beneficiary of the trust, your grandmother's attorney who prepared it may have a copy of the...
Can an Executor be sued for failing his fudicary duties taking 11 years to divide estate and not paying taxes
Seth's answer
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Answered on May 16, 2024
Executors generally have a duty to administer the estate in a timely manner and in a way that benefits the estate as a whole. Some states have...
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