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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 8155
Experience:  Since 1983
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I have been named executrix of my dads estate. He has land

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I have been named executrix of my dads estate. He has land in Tennessee. There were a couple of the deeds that my brother wanted. Before my dad died, these deeds were suddenly "lost" My sisters and I really couldn't talk to our dad at this point. He was 95 years old and didn't understand things sometimes. My brother also had $40,000 - $50,000 worth of timber cut off these deeds before my dad passed away. Daddy acted as if he did not know this and would even tell us from time to time (as he had for the past couple years) that he had some timber he could be cutting. My brother said that daddy told him he could cut it and have the money. We do not think this is true. If he did, it was manipulation on my brothers part. I truly believe this. What I want to know is if there is any legal recourse on this with my brother? We could use a little more money to finish paying daddys medical expenses, and to keep his home maintained until we "children" decide as a unit what we want to do with it.
Submitted: 1 year ago.
Category: Estate Law
Expert:  N Cal Attorney replied 1 year ago.
I'm sorry to hear this.

Can you go or send someone to the Recorder's office and determine which deeds were actually recorded?

Did your father leave a Will?

Has anyone opened a probate case on him yet?

Has an Executor or Administrator of the Estate been appointed by the probate court?
Customer: replied 1 year ago.


We have been to the courthouse three times and they cannot find one of the deeds! We have spent hours there. They have him taxed for 128 acres but can only find one of the deeds for 53.75 acres. They suggested having it re surveyed, but we have really ran low on money. They suggested it may be in someone elses name so we checked that. We checked all names we knew to check. They then suggested hiring someone to do a title search. Would this work? Could we have an appraisal done from this? There are 4 more of us and our land is in another county. We agreed to have all appraised (except for my brother!). We have had ours appraised but cant get this appraised because of the question of how many acres there are. The acres that cant be found are acres Daddy inherited from his daddy.


Yes, Daddy had a simple will that stated everything be divided equally by 5. I am executrix of will.


No, I have not opened probate. I was told by attorney that because all daddy had was land and no money, if we could all agree, we wouldn't have to go through probate.


My brothers name was on daddys checking account as a signer, and a week before daddy died, while he was in the hospital, Gary decided to write himself two checks...$850 and $2300. Can we get this back?


I really want to know if we have any legal recourse on the timber that was cut while daddy was on his death bed! The timber money was never deposited into daddys account

Expert:  N Cal Attorney replied 1 year ago.
If you probate the Will and become the Court appointed Executrix, you can sue on behalf of the Estate to recover both the value of the timber and the value of the checks.

You have to be appointed Executrix by the Court before you can pursue these claims.

"No person shall presume to enter upon the administration of any deceased person's estate until the person has obtained letters of administration or letters testamentary." from
http://www.lawserver.com/law/state/tennessee/tn-code/tennessee_code_30-1-101

The land he inherited from your grandfather may not be reflected in a deed, but it should be mentioned in the probate file on your grandfather. There is probably a decree in that file that transferred the land to your father but was not recorded. So I would look there prior to hiring a title examiner to look there.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 8155
Experience: Since 1983
N Cal Attorney and 2 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


When my daddy died, I immediately went to the lawyer that drew up the will. He is a judge now and referred me to another lawyer. I went to see him that day also. He said there was no need to open the estate because of the value of the estate as long as we agreed on the division of the land. We do still agree on the division of the land. It has been over 45 days. My daddy died March 21, 2013. Is it too late to probate? If not, can we do the small estate probate and still recover the timber money and checks, as long as we qualify for the small estate in every other way?

Expert:  N Cal Attorney replied 1 year ago.
Thank you for the Excellent rating!

Assuming the stolen timber and the checks brings the value of the Estate over $25,000 you would not be able to use the small estate procedure.

http://probate.shelbycountytn.gov/faq_probate.htm
states:
"if there are assets payable to your estate, then your Will will have to be filed with the Probate Court and admitted to Probate to obtain the assets."

That page also states:
"Q: How long do I have to probate a will?
A: There is no set time required by law. Once probated the will relates back to date of death."

Please tell me if I missed any of your questions.
Customer: replied 1 year ago.


Ok..Thank you. You have been very helpful and detailed. Very easy to understand. So proud I found you!


Thank you again

Expert:  N Cal Attorney replied 1 year ago.
Thank you for using Just Answer.

You can find me for any future questions at
http://www.justanswer.com/law/expert-ncalatty/

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