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My uncle just died and left some property. My sisters and a…

My uncle just died...

My uncle just died and left some property. My sisters and a cousin are the nearest living relatives. The deed on one property list my cousin's name and et al rem and the other lists heirs. How do I find out what I am entitled to?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Tennessee

Lawyer's Assistant: What documents or supporting evidence do you have?

Nothing. He died unexpectantly. I was able to look up the deeds online though.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is some contest. My cousin feels she is entitled to 50% since she was an only child. And thinks that my sisters and I need to split the remaining 50%. Also I don't want to sell the land and my cousin since her name is ***** ***** deed first feels she is the executor of the estate.

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Answered in 3 minutes by:
3/12/2018
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 12,570
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 1 month ago
The taxes are due this month on the two properties (houses/land). How do we handle that?
Customer reply replied 1 month ago
He was also receiving social security. I am not sure if there are any residual benefits to the survivors.

I am sorry for your family's loss.

If the person left a will that will determines where the property will go unless the property is held as joint tenants with right of survivorship in which case the surviving joint tenant is entitled to ownership by operation of law.

The manner in which a name is ***** ***** not mean that person is executor. Rather, any interested party may petition for executor and the court will determine who is best suited. If there is a will and that states a preference that is usually given due weight by the court.

If the property lists the names of the heirs with no percentages, then generally the property is equally divided between the heirs.

If there are any expenses to be paid normally that is to be paid from estate assets (ie decedent's bank account) but that requires opening up a probate account.
The heirs may agree to equally divide any costs as well; or one heir may pay and seek reimbursement from the other heirs.

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Survivor benefits are typically for surviving spouses, minor children etc; please see

https://www.ssa.gov/planners/survivors/onyourown.html

for a comprehensive list.

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Customer reply replied 1 month ago
Okay just to makes sure that I understand, since there is no will do we need to go to court to petition that the estate be divided equally among the 4 surviving relatives.

If there are any assets then probate is required - unless all of the assets have a survivorship clause on the deed/title.

So for example probate is not necessary if:

1. there is real estate and there is a survivorship provision

2. there is a pay/transfer on death bank account

3. life insurance proceeds naming a beneficiary.

Otherwise probate is required and the court will divide the property per the laws of intestate succession codified at TN code 31-2-101 to 31-2-111.

Any person may petition to be appointed executor.

An executor is entitled to fees; generally :

2.5% on the first $20K

2.0% on the next $80K

1.5% on the next $150K

1.0% on the next $500K

0.5% on anything additional.

I hope this helps clarify- if not please let me know.

If no further questions kindly rate 5 stars if you feel I have earned it as that is how the site credits me for my time.

Thank you.

LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 12,570
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified
LegalGems and 87 other Estate Law Specialists are ready to help you
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You are most welcome; thank you kindly for the positive rating. Take care!

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Customer reply replied 1 month ago
What if our names are ***** ***** the deed and it just says et al rem

Et al rem is the legal definition for all other remainderman; so that would indicate there is some type of life estate, but normally the deed will specify who the remaindermen are.

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LegalGems
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 12,570
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Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor

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