Estates

The answer is a frustrating one...it depends. In Tennessee, real property transfers immediately at death to the heirs-at-law or beneficiaries as named in a valid unrevoked will. In most cases, it is necessary to obtain the consent/signatures of all heirs or beneficiaries to the real estate under the will before it can be sold. However, it is possible to petition the court to bring that real property into the estate and thus under the control of the executor. It would wise to consult with an attorney in your county that regularly practices in the area of estates and probate in order to assist you with this matter.

Your mother needs to do some estate planning now. If the house is in mother's name alone her estate would need to be probated for title to the real estate to pass to her heirs. She could transfer the property now to herself and her children as joint tenants and the property would automatically pass to the children upon her death with no need for probate. Since brother is helping her financially with the house she could transfer it to herself and brother as joint tenants then he would become thw sole owner upon her death. You should seek the advice of an attorney to discuss your options and the consequences of a transfer (including the mortgage). Brother should keep a good record of any sums of money he spends on mortgage payments and upkeep. The funds should be paid over to his mother by check or deposited in her account by check.

When you were appointed the executor the court issued "Letters Testamentary" in your name. That is your legal authority to represent the estate and sign any checks made payable to the estate or to the decedent. You should bring a copy to the bank where the decedent had their account and speak to the manager about cashing the check. The bank may put a hold on the funds until the check clears. Once you are certain there will be no more checks issued to the estate you can then close the account.

If the decedent had no bank account then you should seek advice from the attorney who is handling the estate. If you do not have "letters Testamentary" then you are not the duly appointed executor and have no right nor authority to cash the check.

The trustee is the person who presently has the authority to carry on the business of the trust. If the trustee dies, resigns or is for some reason unable to continue their duties then a successor trustee is appointed. A well drafted trust will name a successor trustee and a process by which successor trustees may be appointed. If the trust instrument fails to provide for the appointment of a successor trustee then a court of equity can be petitioned to make an appointment. Once appointed, the successor trustee has all the powers and duties of the original trustee.

Class antagonisms precluded unity of action in the Estates-General which convened at Versailles on May 5, 1789.

If your father died as the sole owner of property, i.e., property not held as joint tenants with the right of survivorship with his wife, then his estate must be probated in order for title to property to pass legally to his wife. If his will provided that all his property was to pass to his wife then the will must be probated and once allowed must be followed to the letter. If the son does not want to be appointed executor, the widow can choose an alternate executor, file an assent with the petition for probate and the son can file a declination. The widow should hire an attorney to handle the probate of the estate.

You file a Declination with the court and the alternate executor named in the will is next in line to be appointed. If there is no alternate executor named in the will or if the alternate cannot or will not serve as executor then the court will appoint one.

"Residuary legatees" in most states have a prior right to be appointed over "family members" because the residuary legatees are the ones that have a stake in the outcome of the administration of the estate. A "family member" simply by being a family member, may not have an interest in the estate, such as where a child has been disinherited, and would most likely not qualify to be appointed.

On the other hand, if all the interested parties to the will assent, any family member capable of serving or a non-related person or financial services company may be appointed such as an attorney, trust department of a bank, accountant, financial consultant, favorite uncle, etc.

You should seek the advice of an attorney if the estate needs to be probated. The estate needs to be probated if there are any assets that were owned by the decedent.

Some buyers are savvy and know exactly what they are looking for in a house; therefore, the term "Stacked Bedrooms" is use to describe to potential buyers, that ALL bedrooms are located one after the other on the "same side" of the house. For example, if you are looking to buy a 3 bedroom house and in the descriptions it state Stacked Bedrooms, expect that when you view the locations of the rooms all of them will be in the same area usually in a row.

Some Stacked Bedrooms design to share the same dividing wall or you may have a pantry, linen closet, AC/Heater or a Bathroom in-between each room. Oftentimes, the layout of the stacked bedrooms are poorly design making them least attractive to savvy, especially "none" first time home, buyers. I have a buyer that fell in love with a property that have 3 ugly stacked bedroom. The rest of the property was comfortable and beautiful enough to offset the ugly stacked bedrooms.

On the other hand, "Split Bedrooms" are the opposite. Be careful not to confuse "Split Bedroom" house with a "Split Level" house. A split level means the rooms are not all on the same floor. While the term split level is often times use to describe 2 story house with two bedrooms upstairs and one downstairs or vise versa, it is also use to describe the layout of 1 story houses.

Due to privacy needs and taste, most savvy buyers tend to like "Split Bedrooms" over "Stack Bedrooms". A house described as having split bedrooms mean, that the "master bedroom" is totally isolated or located far away from the other bedrooms, usually, on the other opposite side of the house. Oftentimes you must walk across the center of the house or from one opposite side to the other in order to get to the master bedroom.

the first person you should notify is a retard like your mother.

The governor of Massachusetts signed into law on January 28, 2009 a new probate code. The new code provides that the surviving spouse gets the entire estate as long as there are only children OF the marriage. The effective date of that section has not yet been found but it will be July 1, 2009 or later.

The present probate code provides that the children receive a portion and if there are no children then the decedent's parents or siblings. You can read that section for intestate succession at the link below.

yes, the wife has to deal with the bills

The estates are responsible for the debts. The attorney who is handling the estate will let you know how the debts will be paid.

Yes, however, the action is carried out by the trustee. The trustee of the trust acts on behalf of the trust. If there is a legal issue involving trust property the trustee is the entity with the legal authority to represent the trust.

If no beneficiary is listed on an insurance policy the proceeds will be paid to the decedent/owner's estate.

The house of representatives

Yes, that is the executor's responsibility. He has the responsibility to resolve the debts. If the assets are not adequate to resolve them, they have to be written off.

If your father was of sound mind when he made his will he can leave his property to anyone he chooses. You can contest the will if there are technical errors or if you think there was undue influence. However, you should be prepared to support your claim with some evidence. You can read more about it at the link below.

No. You should execute a Codicil to the will that clearly states the change you wish to make. A Codicil is drafted in the same form as a Will and attached to it. For example, your Codicil might declare that you are revoking Article Third of the Will where you appointed Judith as the executor and you are replacing it with the following Article Third. Then restate Article Third with the new appointment. You should then state that you are reaffirming all other provisions of the will.

The estate is responsible to pay outstanding debt before being distributed to the heirs.

Yes. In most states in the United States a spouse cannot be disinherited by a will. The spouse can file a claim under the doctrine of election. By filing such a claim, the surviving spouse is generally awarded an intestate share of the estate. You should consult with an attorney in your jurisdiction who can review your situation and explain your options.

This is a housing estate close to the borders of Lagos and Ogun states in Nigeria. It is pretty well laid out and some of the properties in the estate are pretty decent.

Strength cannot be inherited.

:)

Generally, as part of the probate process the heirs sign a document entitled, "Release of Demands and Assent to Account". Those documents protect the executor or administrator and stay in the probate file with the court.