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My father passed away september 2014 without a will and the estate consists of his house that was built in 2014 and 256 acres
David's answer
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Answered on March 26, 2015
I'm sorry for your loss and the frustration that you currently must feel in the process. You do need to consult with an attorney about your...
Archived
Does having power of attorney gives rights to take peoples car and homes from family members
David's answer
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Answered on March 13, 2015
A power of attorney is required to use that very powerful document solely for the benefit of the grantor (your father). They are not permitted to...
Archived
My Uncle left his 401K to his Brother (my Father). When my Dad passed he left it to me.
David's answer
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Answered on March 02, 2015
You will need to submit beneficiary claims documents through the administrator to be entitled to receive these benefits.
Archived
Is it true true I can use a trust for real estate to avoid probate but also to save on capital gains when I sell it?
David's answer
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Answered on March 02, 2015
I'm not sure that the answers below really address your question. Yes, you can set up a trust which will avoid probate, but all assets which you...
Archived
What are likely consequences for an estate administrator (removed for cause) who fails to show up for a contempt hearing?
David's answer
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Answered on February 11, 2015
In my estimation the most likely outcome of ignoring the contempt hearing would be summary removal of the administrator and the appointment of a...
Archived
Looking for legal advice for Tennessee. How long do we have to liquidate an estate after the person has passed away?
David's answer
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Answered on October 29, 2014
There is a statute in Tennessee that permits an heir to petition the court 18 months after the letters of authority were issued. This petition can...
Archived
How to get life insurance money when not on contract or benificiary
David's answer
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Answered on October 22, 2014
I would recommend that you contact an attorney to discuss this case. If you were legally adopted you may no longer be considered to be an heir to...
Archived
If my spouse sells a house and my signature is required on the closing papers, am I entitled to half of the money?
David's answer
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Answered on October 13, 2014
The answer is probably not. Inheritances, in most states, is considered separate property and not part of the marital estate.
Archived
Looking at guardianship over mother-in-law due to brother-in-law with power of attorney not taking care of her.
David's answer
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Answered on October 13, 2014
In Tennessee the process is called a conservatorship. You would have to file an action with the court asserting that your mother-in-law is...
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Archived
Am I allowed to borrow money from an inheritance that will be finished in 6 weeks??
David's answer
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Answered on October 13, 2014
I think that you have a misunderstanding as to what is occuring on the 18th of November. It is uncommon to have a date such as this in the future...
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