QUESTION

What happens when a person dies without a will and there are a spouse and four living children in robertson county, tennessee?

Asked on May 21st, 2012 on Wills and Probate - Tennessee
More details to this question:
My husband died in december of 2011. He had helped my daughter a few years before to purchase a house and then later asked me to sign an additional loan against the house in my name also. Before he passes away, my daughter moved out of the home and rented it out. Since he has passed away, she continues to collect $1000/month rent but has not payed the note on the house and the collecters are dunning for the money and i don''t know how to proceed with this problem. I also have the home in which i am living in, which was in both of our names. in addition, there is a piece of land that is in his and our three sons names in which i have to detrmine how to take care of. And lastly, my daughter also talked my husband into buying an expensive car in which she has since quit paying the payments on.
Report Abuse

1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
Update Your Profile
It seems clear that you are asking because either you are afraid to deal directly with your daughter and her creditors, or you are worried about having enough money to pay the legal fees involved. The more you delay the more money and time you are wasting. Get a lawyer. You specifically need a probate lawyer to help you through this process. Do not attempt it by yourself. You are allowing your daughter to rip you off. You have several decisions to make and the lawyer can explain your options. For example: 1. With regard to the land that is titled in your husband's and sons names, unless your sons are minor children, it is up to them to handle. It is not your property and not your problem. 2. You might be surprised to know that an option could be to discuss foreclosing on your daughter for the default on her mortgage and teaching her an important life lesson. However, this is not clear to me: Was the debt she has with your husband legally handled so that you have a mortgage to foreclose? 3. Finally, about the car your husband co-signed for your daughter to purchase -- your lawyer can explain whether you have any responsibility, depending on how it is titled. I suspect you are not on the title and if she continues to be in default, very soon the car company or bank will repossess the car and you won't have to worry about it. It will be another hard but important lesson for her to learn. You must decide if you are going to let your daughter continue to take advantage of you. If that is preferable to hiring lawyer to make her pay you back, then you will just be out that money. Only you can decide, but a good Tennessee probate lawyer can help you assert yourself. To Your Success, Gale Allison, Principal Attorney Allison Firm, PLLC http://www.theallisonfirm.com http://www.linkedin.com/in/galeallison.com
Answered on Jun 18th, 2012 at 1:36 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters