Probate

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…

Over the past 18 months, many families have lost loved ones to the coronavirus. Others found themselves in ICUs, fighting to survive. This type of experience often puts things in perspective, and many people began to seriously reflect upon what will happen to their children and their loved ones in the event that they pass…

Probate has a bad reputation, but it is an undeserved one. To “probate” a will means to prove its validity in an official capacity. Every estate – whether there is a will or not – will go through the probate process. The single best thing you can do if your loved one dies is hire…

It is not uncommon for people to confuse the role of a probate attorney with that of an estate planning attorney. After all, both attorneys deal with estates and all that comes with them. The roles, however, come at different points. An estate planning attorney helps you plan for the future; a probate attorney helps…

Experienced estate planning attorneys help you choose and create the correct documents. Wills are generally used to appoint the executor of your estate, choose the guardians for any minor children, and dictate which people and organizations will receive your assets when you’re gone. Effective estate planning helps minimize the need for probate and the amount…

Leaving physical property like real estate to your children is not always easy. You are within your rights to designate multiple people as beneficiaries upon your death. However, multiple beneficiaries can increase the risk of a fight between them if they cannot agree on what to do with the inheritance. This could lead to one…