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Do I have to have an attorney to probate my late father's estate? He had no will and only a checking account as his major asset.
Michael's answer
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Answered on January 12, 2011
You will inherit from your father by virtue of the laws of intestacy. Whether you will need to open a probate will depend on the size of your...
Archived
Do I need a attorney to help me over a will?
Michael's answer
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Answered on December 13, 2010
In Tennessee, real property passes outside of probate. So, as the only child of your father, and the only grandchild of your grandfather, you...
Archived
Statue of limitations/ can i still pursue this?
Michael's answer
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Answered on December 13, 2010
Most of the statute of limitations periods that might apply have passed. There is a 10 year "catch-all" limitations period that applies when there...
Archived
I live and am a resident of the state of Tennessee. My father is the only parent living at this time and is 98 years of age.
Michael's answer
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Answered on November 19, 2010
Regarding the bank account, if it is in your father's name only, then it would be considered an asset of the estate. Does your father have a will?...
How long do creditors have to file a claim on an estate in the state of TN?
Michael's answer
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Answered on October 22, 2010
You are correct that creditors have 4 months from the date of first publication of notice to creditors to file a claim. Depending on when your...
Under Tennessee law can children from a first marriage contest a will their father made giving everything to his 2nd wife.
Michael's answer
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Answered on September 30, 2010
Yes, you can contest the will, but not on the basis that your father did not have the right to disinherit his children. In Tennessee, a parent can...
Archived
What rights do children have when father died, mother remarried, mother died, and now step-father died?
Michael's answer
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Answered on September 16, 2010
As the prior commentator stated, whether your mother had a will is the first important thing you must determine. If so, her will controls the...
Probate - if an heir is in federal prison & won't sign, can we go ahead & close w/o his signing?
Michael's answer
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Answered on September 07, 2010
It is unnecessary for your brother to sign off on anything to get the probate moving, administered, and closed. However, it will be necessary to...
Archived
How long should it take medicare to settle during probate?
Michael's answer
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Answered on August 02, 2010
Unfortunately, there is just not enough information to answer your question. For example, did the case against the Defendant settle? If so, are...
Archived
About a settlement need to probate-2 of the heirs were legally terminated/adopted out of the family-do they inherit?
Michael's answer
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Answered on July 30, 2010
Your question raises several other questions. Is your father still living (or your mother's husband)? Did your mother have a will? IIf so, the...