QUESTION
In jan of this year my Dad suddenly pased away ,with no will,no wife 5 kids ,my uncle tookit upon himself to become execter.
Asked on May 22nd, 2012 on Estate Litigation - Tennessee
More details to this question:
Dad passed the uncle has went to thebank and took what was needed to burymy dad were even charged for the headstone,we were going to do that any way.but instead spliting everything up with the kids he never asked our opinion,he has taken his vehcles 6 were very expensive antiques 2 were late model.
my dad had a girl liviing with him we he passed they as soon as the ambulance shr went straight to the bank
she stole his possesions including mowers,firearms a van,and they are storing these firearms in the same home known t o ha have three recently released. and my he dosent know what he is doing. the automobiles are all on his wrecker lot.
vehicles were supoosed to be ours but uncle said if we got the money we can buy a of ourpossesions including the cars he went as far as selling one of the cars to the girl who broke my Dads home and stolealot of his ,als the same
we were looking for the titles on contract my dad sold the she fould it it was signed by my dad 28 days after he died how?
1 ANSWER
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Make a police report. If your uncle or the girl cannot prove legal ownership or authority over (such as being named Executor by court order) the items they took or sold, the police may be able to assist.
Regardless, you need to hire the most experienced probate lawyer you can find in Tennessee. Things may not be as they appear to you, or they could be worse. Your uncle may have had the estate probated and have received a court order from the judge naming him Executor, but if this were the case you would have been notified of that.
On the other hand, there are laws of inheritance and probate that determine who must inherit, who may inherit, and who is not eligible to inherit, especially when there is no Will. Under Tennessee law your uncle would inherit nothing unless his name was on the titles of each piece of property as a joint tenant with right of survivorship.
An executor is not the same as an heir and is not necessarily entitled to receive any part of the estate. The executor's job is to see that the heirs receive their inheritances.
Bottom line is you need a probate lawyer to provide you with the following:
1. Objectivity so you can find the truth. This means ability to review the situation without the anger, betrayal, confusion and sadness you feel. This will help to clarify what has occurred.2. Experience using the truth in court. Look for a Tennessee lawyer with a record of success practicing only in probate and estate matters, instead of a generalist. 3. Knowledge to get the job done properly and cost effectively. Estates are often confusing even without the mess you describe.
An experienced, successful probate lawyer has a much better chance than anyone else of figuring out what has occurred, understanding the complexities of the law, explaining your options, and helping you fight this battle.
Start interviewing Tennessee probate lawyers immediately.
To Your Success,
Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Jun 18th, 2012 at 1:32 PM