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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36960
Experience:  Texas lawyer for 30 years in Estate law
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Ray. My father passed away in December 2013. He left 3 grown

Customer Question

HI Ray. My father passed away in December 2013. He left 3 grown daughters and a wife (not our mother). I have received a tax notice today for a piece of property in his name only that is delinquent. We have found out from our local court house that this property should now be in all 4 of our names. This has brought an interesting thought to me and my sisters. My father owned other assets that we know was purchased by himself alone (he had a separate checking account) and are curious as to how his wife has sold his personal truck, work gravel trucks along with work equipment without our knowledge or consent. We live in Tennessee and know that she worked around probate by signing his name to titles while he was in the hospital under hospice care. Is there anything at this point that we can do about any of this?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
Also, the delinquent tax notice is for property he acquired in 1997. They married in 2004. Also, there was no will.
Expert:  Attorney2020 replied 1 year ago.

Hello

Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You may well be able to recover from here if fraud is involved.You would want to go tot he county where he deceased and check the probate records here to see if nay probate was filed.It would be under the Estate of your fathers name.

All of this is public record you can see if probate was opened and the inventory would list all the property.You can see what exactly happened here and whether there was a will or not.There you will at least start to find some answers.

Here are the contact lists by county..

http://www.tsc.state.tn.us/courts/circuit-criminal-chancery-courts/clerks

Once you see if probate was filed and what all was part of the estate you can start to unravel this matter.You are likely going to need a local probate lawyer to sue the wife if she has filed fraudulent documents and engaged in self dealing.This is not impossible by any means but you need to do it quick.Civil Fraud by definition usually takes awhile before uncovered , here the courts typically allow a discovery exemption to the statute of limitations since it often takes awhile.

Expert:  RayAnswers replied 1 year ago.

Lawyer referral for you to locate a probate lawyer locally.

Tennessee

Nashville Bar Association LRS
Nashville, TN

Phone:(###) ###-####br />Counties Served: Davidson, Sumner, Rutherford, Robertson, Williamson, Cheatham, Wilson

Meets ABA Standards for Lawyer Referral

Knoxville Bar Association LRIS
Knoxville, TN

Phone:(###) ###-####br />Counties Served: Knox, Knoxville, Anderson, Blount, Sevier

I appreciate the chance to help you tonight and for your patience.I hope you will pursue this matter you deserve your share here.

Expert:  RayAnswers replied 1 year ago.

Here is a great Tennessee case that shows a claim can still be bought if you skip to page 20 here you get tot he relevant part.The whole case lays out the kind of claims that you can bring here.

http://www.tsc.state.tn.us/sites/default/files/in_re__estate_of_eloise_j_storey_peggy_sherrill_huber_v_lawrence_g_yohanek.pdf

Please use the lawyer referral and take your documents here that you can gather because time is not on your side and a suit may need to be filed.Thanks again.

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