Probate and estate administration can be challenging to bring to a settlement when there are particular claims involved. In order to contest a will in the state of Tennessee, you must first establish standing by showing you are a potential beneficiary of your deceased family member’s estate. If you do demonstrate standing, three options are available for contesting the will: incompetence, defective instrument, and undue influence. The latter – undue influence – pertains to our question of whether we can challenge a will if a sibling persuaded our parent to leave [...]

Probate is designed to deter fraud after an individual’s death. It is a method of “freezing” the estate until a judge makes a determination on the validity of the Will, that the entire property of the estate has been identified, that all the relevant individuals have been notified, that the taxes have been paid, and that the creditors have been paid. Once these matters have been completed, the court orders the distribution of the property and the estate is closed. Q: Do I Have to File for Probate? A: Not every [...]

As a general rule, when someone dies, his or her bank accounts go through probate. Probate is the process Tennessee courts use after someone dies to validate any will and appoints someone to handle the estate. The person appointed as personal representative (such as the executor of your will) has the duty to collect all the probate assets of the person who died, pay the creditors of the decedent, pay any taxes that are due, and then distribute the assets to the heirs. Not all assets are required to go through [...]

Creating a will and a complete estate plan is vital for people of all ages. Too many people still pass away without a will to their name, leaving their family members to fight about assets and even have the state take control of the estate left behind. You not only protect yourself, but also your loved ones and your assets. When you create a will, you need to name an executor. It may be in your best interest to name a lawyer as the executor of your will. Probate is completed [...]

If you are the administrator or executor of someone’s will, you have the responsibility of submitting the will to the court to begin the probate process. You are also responsible for protecting the property of the deceased until all debts are paid off and the remaining inheritance is passed to the beneficiaries. Each state has its own probate rules. One of the common requirements when probate is necessary is the preparation of an inventory of the deceased’s assets along with the value of those assets at the time of his or [...]

Tennessee probate lawyers represent the personal representative of an estate when someone dies. The personal representative is either someone who is named in the decedent’s will or someone who is appointed by the local court. While there are a lot of articles about how to “avoid” probate, the truth is, probate happens no matter what. What you want to avoid, when possible, is probate litigation, or any problems that can arise during the probate process. This is where having an experienced probate lawyer to help you can make all the difference. [...]

Probate is a legal process that happens after a person passes away, and leaves assets behind. These items are often left to adult children, spouses, siblings, cousins, friends and other acquaintances in a Will or trust, though sometimes, people pass on without any estate planning documents. You can’t eliminate the probate process for your loved ones – even if you leave a Will – but you can take steps to avoid some of the bigger problems that can arise after your death. Name beneficiaries on all financial accounts All of your [...]

The final wishes of an individual are usually set forth in a document referred to as a last Will and Testament. In this document, the desired distribution of the deceased’s assets is explained. Due to the importance of a Will, not only for the deceased, but also for the deceased’s beneficiaries, it is often kept in a very secure location, such as a safety deposit box, a bank vault, or entrusted to an attorney. But what happens if the original of the Will cannot be located after the individual has passed [...]

Executors and administrators are both known as personal representatives. They have the duty to probate valid wills, and to then manage and distribute the estate assets. The key difference between an executor and administrator is how they are appointed. Executors are chosen by the testator (the person who prepares the will). The executor is identified by name in the will and given powers to administer the estate. It’s good practice to speak with the person you want to be the executor before designating them in the will. Testators should appoint alternate [...]

As trusted probate attorneys, our clients often have questions about the wills, estate, and probate process. We've put together some of the most common questions with our answers right here for your convenience. What does the word “probate” mean? Probate is the act of proving a will. However, over time, it's come to have a more general meaning of the process of administering the estate of a decedent (the deceased). What are some of the terms used in the probate process? Some of the terms used in estate planning are unfamiliar, [...]