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I am dealing with an estate dispute in Mississippi. An heir is trying to dispute the estate, which has not been legally closed, even after 30 years. There is a new claim being made, but there was never a will or trust involved. Can an heir pursue a dispute after such a long period?
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answered on Feb 28, 2025
Setting aside an order of Probate Court is not going to be successful this late. However heirs are tenants
in common of undivided interests in real property now. Any heir can file quiet title, ejectment, partition, actions etc. now. Hire a competent MS attorney to search the title and... View More 
I have a written agreement for a private easement that allows the owner of the adjacent property to use my driveway to access his garage. However, the tenant of the owner, not the owner himself, has been intermittently parking their car in my driveway almost daily over the past three years. Despite... View More
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answered on Feb 27, 2025
You will need a CA attorney to read your recorded easement. If personal only to the adjacent owner, then it might be actually a license where noone else could use it. But if an easement, owner's tenant probably has the right also. Litigation for a declaratory judgment and an injunction... View More
I am a landlord in Davidson County, TN. I agreed to let my tenant pay rent on the 3rd of each month instead of the 25th, which is the original due date. After the tenant failed to pay by the 3rd, I issued a 14-day notice on the 8th, which has now expired. The tenant continues to assure me that... View More
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answered on Feb 27, 2025
Is there a written lease term for a 14 day termination notice? If not, apparently there is no requirement. Whatever the case, if you have reason to seek possession of the leasehold, file and serve the Detainer. Tenant might get a continuance, especially where the Landlord/Tenant Act applies,... View More
I was arrested and had my home searched under an arrest warrant that used my family's last name, which is different from my legal last name. My lawyer did not inform the court about this discrepancy and suggested I take a plea deal, which I accepted. Due to this, I received a shorter sentence,... View More
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answered on Feb 27, 2025
If you pled guilty it is almost impossible to set aside the conviction. Even if you did, you would have your indictment amended while you were in jail, then tried again for the charge. You can hire a lawyer to file a postconviction petition, but you will probably be deported before the... View More
I filed for Chapter 7 bankruptcy in Kentucky 10 years ago. I am now looking to purchase a home. Can I have assets like a house in my name without the risk of a lien being placed on it due to the bankruptcy from 10 years ago?
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answered on Feb 26, 2025
If you listed all the creditors you had then and got a discharge, then those debts are gone and cannot be collected upon. But if you have been sued since or incurred other debts, then you might have something to worry about. If so, consult with a KY attorney about asset protection and exemption... View More
I own a property where my parents have a deed of life estate, and my name is on the paperwork as the owner. We previously evicted some people from another property we own, but they have now moved onto the property with the life estate. Despite our objection and telling them to leave, they are... View More
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answered on Feb 26, 2025
The life tenants can allow anyone to occupy the property. If you own the reversion, it has not vested in possession yet which is when both life tenants pass. There may be other ways to get them out, especially if they are criminals or owe money to others.
In 2019, I was given a property under a written agreement, witnessed and signed by two people, stating that I would assume responsibility for all bills, taxes, and maintenance. I've paid all taxes, including back taxes, and made improvements leading to increased property value. I have... View More
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answered on Feb 25, 2025
Is there a recorded deed over to you as grantee? If not, you do not own anything but possibly a contractual right to get a deed. If you have a deed, then you must defend that you executed your part of the contract after getting the deed. Hire a MT lawyer as if you lose, you lose everything.
I have lived here for six years and his daughter is the heir. She lives in New York State. Can I remain living here?
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answered on Feb 24, 2025
POAs are terminated at the principal's death. You might ask the daughter to deed it to you, or you wait to see if she sues you for possession. Contact a local attorney about searching the title, chronology of suing you for possession, and years necessary for adverse possession defense.... View More
I paid the property taxes on 2 acres my brother-in-law owned in Nashville, Tennessee, after he died (in 2020, 2021, and 2023). The property is currently in probate. It is recorded in both the tax and probate records that I paid these taxes. The property is supposed to be auctioned, but there's... View More
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answered on Feb 24, 2025
You may be able to file a claim against the estate. It may be late but whoever the representative is might not file an objection, especially since you have materially assisted the preservation of the real property. You might want to look into what a perspective bid at a tax sale might be... View More
My father passed away six years ago without a will. I've been living in his house and paying the mortgage ever since. My siblings and my father's wife are other potential heirs. However, his wife left the property before his passing and hasn't contributed financially, and my siblings... View More
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answered on Feb 23, 2025
You will need to consult with a WA attorney. But you do not acquire title by paying someone else's note. You might pay it off, then the other tenants in common file a partition suit against you. It might be better to try to get quit claim deeds from the other heirs now, even if you do not... View More
I recently sold my home and found out there was a lien on the property from a creditor with whom I have a structured settlement. I was not informed of this lien by the creditor or my debt relief company, and discovered it at closing. No advice was given, and the settlement amount was $10,580. So... View More
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answered on Feb 23, 2025
You should get the debt relief agency to do their job, which is actually practicing law without a license. So I am not surprised at this result as you made a mistake going to them. If there is a lien, then a judgment must have been entered. Look at the judgment, compute the amount with legal... View More
I am concerned about a situation where the same bank teller named themselves as the beneficiary of an alcoholic's IRA and managed to make withdrawals when the individual was intoxicated and legally married. The individual has now passed away, leaving notes that are difficult to interpret.... View More
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answered on Feb 23, 2025
You might start by the Next of Kin calling the local LEOs in PA. Apparently proof may be difficult. The surviving Spouse should at least make the complaint. A civil suit for conversion and fraud will be difficult, but discovery might show how the teller accessed the monies without authority.... View More
Is it legal for law enforcement to send a confidential informant into someone's home to set up a drug transaction when children are present, especially when the children let the CI into the home, the parents did not consent to the CI's entry, and the resident of the home was unaware of... View More
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answered on Feb 21, 2025
If the confidential informant for the government admits on the stand that he participated in a drug deal, then he has admitted that he has committed a crime. Many times DAs ignore the crime here committed, but cross examination of LEOs can disclose a question why the defendant is charged but not... View More
My parents are on my mortgage and deed with right of survivorship. The mortgage company stated that when my parents pass, they will be listed as "in the estate of" on the mortgage. I've been told by the mortgage company that as long as I continue making payments, nothing will change.... View More
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answered on Feb 21, 2025
You might want to get warranty deeds from your siblings as to their interests in the property now while they are agreeable, but not record them. The further assurances/forever defend covenant clause invokes after acquired title, so when they get title at Parents' death it immediately inures... View More
I was accused of shoplifting from a Walmart in Tennessee in October 2023 with charges never filed at the time as police were present and banned me from the store on the same day. On a recent day, a sheriff attempted to serve me with a class A misdemeanor ticket, claiming it involved $25 worth of... View More
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answered on Feb 21, 2025
It is possible the SOL is busted. But you will need a TN attorney represent you, bring you in off the Docket, and set a hearing . Even if no motion to dismiss, you will need to get charge diverted, dismissed and expunged, with possible restitution.
My deceased uncle did not have a will, so the family land—which has been in our family for over 60 years—went to his next of kin, his grandson, because his son is also deceased. However, since his grandson is a minor, the mother of his deceased son has started selling off the land without the... View More
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answered on Feb 20, 2025
If there is a will, has it been filed for probate? If not then Decedent's heirs own his land. If the Will is filed for Probate, and designates devisees and/or residuary beneficiaries, then they get the land through the Will.
Wills mean nothing without probate. Since you... View More
I am a beneficiary of a will from Knoxville, TN, and I believe the will was originally executed in fall 2021. I received notice about being a beneficiary in spring 2022 but haven't received a copy of the will or any communication from the executor. I'm currently living in the UK and am... View More
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answered on Feb 19, 2025
Has the testator died? If not then your inquiry is premature. If a will is filed for probate then the executor must send a copy of the will to all interested parties and certify the same to the Court. If you think there should be a will contest, then you will need grounds. witnesses and a... View More
I purchased a home with my parents in 2018, splitting the down payment equally. Since the purchase, I've been solely responsible for all mortgage payments, HOA fees, and utility bills. Despite trying to repay my parents for their portion of the down payment, they have been unresponsive. They... View More
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answered on Feb 19, 2025
No... You are paying off someone else's note. Owners could take possession from you. Try to buy it from them subject to the secured note and mortgage. But you will need the lender to okay you becoming the liable party. A refinance and purchase might be in order.
I believe my driver's license was unlawfully suspended. I was not given any explanation or communication from the DMV regarding the suspension. I have no recent traffic violations or tickets, and this has affected my ability to apply for a job in another state.
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answered on Feb 15, 2025
DOS (not dmv) issues TNDLs. So you have to make them happy. Contact DOS and try to get a list of things you need to fix/pay to get reinstated. A DOS Hearing would probably do you no good, and take too long. You might need a TN attorney to assist you, but most of it you do yourself. Get... View More
I'm on it for two assault charges and I've only had a civil no contact since I got on probation. Also wondering if I'll be drug tested since I just got moved to unsupervised probation?
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answered on Feb 11, 2025
If you pled guilty to crimes then those are permanent convictions. If you got Diversion, then completion of the suspended sentence, costs, restitution, etc. should get them dismissed where you could expunge your record. Read your Warrant Disposition/Judgment of Conviction verbatim, or better,... View More
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