Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 3 minutes by:
3/12/2018
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 14,053
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!

Ask Your Own Estate Law Question
Customer reply replied 5 months ago
The taxes are due this month on the two properties (houses/land). How do we handle that?
Customer reply replied 5 months 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.

Ask Your Own Estate Law Question

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

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

for a comprehensive list.

Ask Your Own Estate Law Question
Customer reply replied 5 months 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: 14,053
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified
LegalGems and 87 other Estate Law Specialists are ready to help you
Ask your own question now

You are most welcome; thank you kindly for the positive rating. Take care!

Ask Your Own Estate Law Question
Customer reply replied 5 months 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.

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 14,053
14,053 Satisfied Customers
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
Ca law my uncle left to is sister our home with my mother
Ca law my uncle left to is sister our home with my mother can Executrix if the home … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,404 satisfied customers
My brother-in-law died suddenly and left an estate of 1.5M;
My brother-in-law died suddenly and left an estate of 1.5M; he was married to my sister for 30 years, she preceeded his death by 2 years; no children. I'm told that his estate will only go to his fami… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My mother was passed away in January 2016. She did not leave
My mother was passed away in January 2016. She did not leave any debts. She had 200 acres of real property to be divided among her 10 children (each listed by name in the will). In the detailed will s… read more
LegalGems
LegalGems
Attorney
Juris Doctorate
14,053 satisfied customers
This is regarding an estate in. My aunt and uncle inherited
This is regarding an estate in Virginia. My aunt and uncle inherited my grandparents' property. My uncle died intestate (with no wife or children) before my aunt. My aunt then signed the property over… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My mother inherited a portion of property left in a will
My mother inherited a portion of property left in a will to her uncle. Now her cousins want her to return 1/2 of that portion based on a court settlement in 1981 that divided her aunt and uncle's prop… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My mother passed on july 14, 2011 (2 childern), her brother
My mother passed on july 14, 2011 (2 childern), her brother died Dec 14, 2011 with 4 children, & my aunt died sept 29, 2012 (no children), we have land in Louisana, i was left as my uncle etal on the … read more
J. Warren
J. Warren
Attorney
Doctoral Degree
2,241 satisfied customers
This question relates to two parcels of land that have been
This question relates to two parcels of land that have been in the family for a long time. An outsider (non family member) over six years ago started to purchase from family members their interest in … read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
I am the administrator of an estate of my first cousin on my
I am the administrator of an estate of my first cousin on my fathers side. The will states that the heirs are the parents of the deceased who are also deceased. Who is heir to the estate since they ar… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
I am a relative of a descedent who died without a will or written
I am a relative of a descedent who died without a will or written instrument. His parents predeceased him, and no brothers and sisters, he was the only child. The question is, his surviving heirs, I p… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My first cousin died a year ago in the state of Massachusetts.
My first cousin died a year ago in the state of Massachusetts. His mother was my father's sister. He had no will, no parents, no wife, siblings, or children. He has one aunt on his father's side, but … read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
I live in TN. I know this may not be a final answer. here
I live in TN. I know this may not be a final answer. here is the deal. My mom passed away. She wrote her will in 1995. At that time I had a sister and a brother - total 3 of us. My brother and my sist… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
my cousin died and left a property, on the deed it is said
my cousin died and left a property, on the deed it is said that he was the sole remaining family member. Since then the city purchased the abandon property for 800.00. my mother is the last heir to th… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My mother passed away several years ago. My uncles are now
My mother passed away several years ago. My uncles are now selling land that belonged to thier grandfather in AL. My sister and I are both adults. Do my sister and I have any share in the land (our mo… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I have filed a claim for unclaimed property in Okla. My cousin
I have filed a claim for unclaimed property in Okla. My cousin died in 1973. there was a will and probate where his wife and heirs were listed. I was not listed, but his three sisters, my cousins were… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,950 satisfied customers
My mom's uncle died without a will & testament. he was
my mom's uncle died without a will & testament. he was survived by his wife and no children. my mother is an only child and she also has 6 other cousins who are also first degree relative of the decea… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
my gram died leaving in her will my dad and my uncle whos now
my gram died leaving in her will my dad and my uncle whos now dead and hes trying to get his name on the deed since hes the one, left but hes being told he cant unless his bros and fam sign off the la… read more
GoLaw
GoLaw
Doctoral Degree
751 satisfied customers
My Uncle on my fathers side died this past April. My father
My Uncle on my father's side died this past April. My father died in 1998. Their is no will but, the estate is sizable. My Aunt tells me that I am not an heir to my Uncle's estate.… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
my grandmother is 93 years old, my mother passed away 3 years ago, there is 5 children in
my grandmother is 93, and my mom passed away 3 years ago, she also had a brother who passed away 6 years ago, there are 8 siblings between them. my grandmother has a will, but we think it may have bee… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x