Probate

In the past, almost all of a person’s property was either physical assets, cash, or funds in the bank. However, that has changed a lot over the years, and more and more people now own digital assets. If your deceased loved one owned any digital assets and you want to ensure that they are not…

After your spouse or parent passes away, you may realize that some of their assets are missing from their will. They might have told you about specific property, savings, or money that you would receive, but none of these assets are mentioned in the will. This may require you to go through a probate court…

You may have woken up to a phone call stating that you are the executor of your Uncle Kevin’s will and estate. This may come as a complete surprise as you may not have felt very close to him or thought that you would be anyone’s executor for many years to come. However, your uncle…

Even when a will is outlined to the deceased person’s wishes, determining exactly how everything is distributed can be complicated. In certain circumstances, the guardianship rights of individuals may become the subject of contention and legal disputes due to concerns surrounding elder abuse, financial exploitation, or neglect. These situations involve vulnerable adults who may be…

When multiple beneficiaries or heirs have conflicting interests regarding the sale, distribution, or management of real estate assets within an estate, several issues can arise that complicate the process. These conflicts can stem from disagreements over the fair market value of the property, the timing of the sale, the division of proceeds, or differing opinions…

Thanks to movies and television, many people believe that leaving a will that says, “I leave my entire estate to XYZ” (or simply writing something down on a bar napkin) counts as a valid will. Nothing could be further from the truth. In fact, the rules for wills and estate administration in Tennessee are very…

A breach of fiduciary claim can occur in probate when a personal representative or trustee fails to fulfill their legal duties and obligations to the beneficiaries of an estate or trust. A fiduciary is a person appointed to manage the assets of another person or entity, and is required to act in the best interests…

It is always a sad time when a loved one passes away. Trying to figure out how to divvy up their estate sometimes only makes this period of grief more complex and stressful—especially when there is a business involved. That is why creating a will is so important. Creating this legal document early on should…

It was a tragic day for music lovers everywhere when Prince died. It has been a nightmare, however, trying to divide his estate. If Prince had made a will before his untimely death, the process of splitting up his assets would have been a far simpler one than it ended up being. While that circumstance…

A lack of testamentary capacity is one of the main ways to challenge the validity of a will. Undue influence, the presence of a later will or a codicil, and a lack of will formalities are the other common methods. One may assert a lack of testamentary capacity if a testator (the person who prepares…