When someone passes away, sometimes their assets are required to go through a process in Tennessee courts called probate. Whether or not probate is necessary depends on what types of assets the person left behind, and often the potential beneficiaries of an estate might be confused about what’s owed to them. By understanding what types of assets are required to go through probate and what assets aren’t, you may be able to avoid potential disputes and complications during the process. After the death of a loved one, not every piece of [...]

We all want the best for our parents, but it can often be difficult to discuss certain topics with them, especially as they grow older. Subjects like assisted living, nursing homes, health decisions and wills can be uncomfortable to talk about, and many adult children avoid having this conversation with their parents for as long as possible. And, once it’s too late, you could have a complicated and potentially contentious process on your hands. This is why it’s crucial to take some time and sit down with your parents to talk [...]

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 [...]