My mother is the executor of my grandfathers estate. He died in May 2014. My mother had a sister that passed away, so her 4 children will equally divide the estate assets with my mother. However, one of my cousins sued papaws estate because she...
Tennessee law provides
All actions or proceedings to set aside the probate of any will, or petitions to certify a will for an issue of devisavit vel non, must be brought within two (2) years from entry of the order admitting the will to probate, or be forever barred, saving, however, to persons under the age of eighteen (18) years or adjudicated incompetent, at the time the cause of action accrues, the rights conferred by § 28-1-106.
If your mother really wants to close the estate, she can file her settlement and the court will set it for hearing. Anyone who objects will be heard and the judge will make a decision.See question
I am a tenant in Memphis, TN at a local high rise apartment complex and parked my wife's car in an unassigned handicapped parking place because the guest parking does not have HC parking. The regular tenants have been parking in the guest places ...
Not a Lemon Law case so I changed the topic for you. Was the car in a handicapped spot? Was there a current valid placard showing? Were you following the complex's rules when you parked? These are the issues to determine whether the landlord can tow your car. Damage to the car is a separate issue and you may have a claim against the towing company. Good luck.See question
I was awarded a restitution after a person stole a lot of money from me. But the courts decision was that he didn't have to start paying restitution until his social security disability payments started. I'm guessing he was recently approved and t...
Good news is that it's unlikely that the probation officer has reason to lie for this guy. Disability claims usually take 18 to 24 months to complete. Bad news is that if the guy wins, the disability payments probably can't be garnished or levied by the Courts. Your thief must make voluntary payments. Disability benefits are exempt from claims of creditors except in a few limited circumstances, such as unpaid child support, federally guaranteed student loans, or unpaid taxes. If he's ordered to pay and doesn't pay, he might be in contempt of the court's order.See question
I got a warrant for not paying my rent
This is probably not a criminal warrant. People don't get put in jail for not paying rent. It is probably a Detainer Warrant. Go see a good landlord/tenant lawyer. If you can't pay your rent, you should move out. Clean up the place before you go. Good luck.See question
adopted a cat from rescue org. now they are threating to take the cat away from me due to the fact that they claim i am not taking care of it to their standards. plus they want to take my other animals too. they do not have any reason to make thei...
Make an appointment to go see a lawyer. Take your documents you signed when you adopted the cat. Plan to pay the lawyer for his or her time.See question
A family member died a few months ago. HIs estranged wife and adult children had him cremated and did not hold any type of service. His sister and cousin had offered to handle the service and requested that the remains be shipped to them (in anot...
Based on what you have written here, I don't see any cause of action. However, I am a Tennessee attorney and the laws of Mississippi may apply. I would suggest hiring an attorney there for a consultation, but I wouldn't get my hopes up.See question
He cannot lift himself or go to the bathroom by himself, and my 84 year old mother with health issues of her own cannot lift him or provide his care in their home. Their only income is Social Security. Their only assets are their modest home and...
The best planning attorney I've seen or heard about in Knoxville is Glen Kyle. You should give him a call. 588-3700.See question
I have a set parenting plan for my daughter stating that we may reopen our case November of this year. And that only then may established custody (which is shared as of now) determine where she attends school (TN or WA). She's already of age for ...
Based only on what you have written here, it sounds as if you haven't been able to work things out by agreement. A lot of times you can benefit from taking the other parent to a non-adversarial setting (like in a mediation). Probably, it is required in this case.
As for emergency custody: I don't see any emergency here from your side. However, you should be aware that if the children are out of state, dad could file his own emergency action in the other state and you would need to fight it from 2,500 miles away. With all these risks, you might be better off to try and settle the issue rather than litigate. It can be expensive to pay a lawyer to litigate.
Good luck.See question
This husband has put everything into his daughter's name, and not the wife's name, upon his passing, and He posses a piece of handwritten paper, which has been notarized.
Tennessee law favors married people, but you need to take action to protect yourself now. Under Tennessee law, a spouse can't write another spouse out by using a Will. The surviving spouse is entitled to what is called a "spousal share" of the estate, plus at least one-year's support. A good lawyer can probably help you live in the marital home until your death.
There are time limits which you must follow. Your best move is to go see a good lawyer who does probate litigation (be sure they are willing to litigate! Some aren't!). Given the nature of this issue, you probably want one who does probate litigation and divorce litigation as the issues are likely to overlap.
Use the "find a lawyer" button to locate somebody near you. Then, go see the lawyer right away. Good luckSee question
I was never served and therefore missed court. The apartment complex put an eviction under my name.
First issue is: Did you pay the rent? If the answer to that question is No, then you will likely lose in the end anyway.
In an eviction case, the landlord may post a Detainer Warrant on the front door. This is called Service by Posting. If this was the case, the judge can award a judgment for possession and not for money.
If the judgment is less than 10 days old, you can appeal to Circuit Court. You'll need to post a bond.
If the judgment is more than 10 days old, you'll need to Petition the Circuit Court for a Writ of Certiorari, or convince the General Sessions Judge to set the judgment aside. Either method will probably require the help of a lawyer.See question