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Oct 23, 2018

Probate in Tennessee: Frequently Asked Questions

By |October 23rd, 2018|Probate|0 Comments

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, [...]

Sep 25, 2018

Contesting a Will in Tennessee

By |September 25th, 2018|Probate|0 Comments

Wills can be contested for many reasons. Usually, contests are brought by relatives who were left out of a will. Anyone who thinks they should have gotten more than a will directs is likely to search for reasons to contest a will. Wills are usually contested on the following grounds: There was a later valid will. The will that is being probated isn’t valid. If there is no will, then Tennessee law directs how the assets are divided. The person who died did not have testamentary capacity to make his/her will. [...]

Jul 17, 2018

How Does a Prenuptial Agreement Impact Who Can Inherit?

By |July 17th, 2018|Probate|0 Comments

A prenuptial agreement, or prenup, is a contract between two individuals which is executed prior to the wedding. A prenuptial agreement outlines how each party’s assets will be distributed should the couple divorce, or upon the death of either spouse, so it can have a significant impact on probate. A prenup is an effective way for older people, or those embarking upon a second or subsequent marriage who have children from a previous marriage to protect their inheritance. If a person has children and remarries, the new spouse would stand to [...]

Jun 12, 2018

How Does Intestate Succession Work in Tennessee?

By |June 12th, 2018|Probate|0 Comments

Wills are legal documents that direct how the Estate property of someone who died should be handled. Many assets, such as jointly held property, life insurance proceeds, and property that belongs to a trust, may not pass through the decedent’s Estate at all. Wills pertain to both the property that does pass through the Estate and that which technically passes outside the estate like real estate which is willed to certain heirs. They may dictate which family members, friends, and others should get specific items of property. Intestate succession is the [...]

May 2, 2018

Estate Litigation Is on the Rise – Why?

By |May 2nd, 2018|Probate|0 Comments

The death of a loved one is a difficult time. Dealing with probate issues doesn't make things any easier, especially if it's complicated by family disputes over inheritances or other estate matters. There are certainly many reasons estate litigation may occur after a person's death, and they can cause many challenges and issues that can draw out probate. Reasons why estate litigation is increasing Various experts speculated in the beginning of 2018 that there would likely be an overall increase in estate and probate litigation, and their predictions seem to be [...]

Apr 24, 2018

Pursuing a Claim Against an Estate with Probate Litigation

By |April 24th, 2018|Probate|0 Comments

When someone passes away in Tennessee, the estate typically goes into probate, the process where claims against the estate are handled. These claims can arise from any reason—inheritance disputes, or wills that may have been executed under undue influence from a beneficiary. Creditors of the deceased might also file a claim after their estate has gone into probate. Probate, simplified The court's process for handling a deceased person's estate is called probate. This multi-step process begins with proving the will—if one exists—is valid. Once the will is proven to be valid, [...]

Apr 3, 2018

Why Your Estate Might Be Subject to Probate Litigation

By |April 3rd, 2018|Probate|0 Comments

When someone dies in Tennessee, their assets and obligations are typically handled in one of two ways. If the decedent prepared a valid will, then the terms and provisions of the will control who will handle the estate and what cash or property the beneficiaries will get. If the person who died did not leave a will, then the intestate laws of testate control the distribution. In most cases, the spouse and children will get their share of the assets after the debts of the decedent and the taxes are paid. [...]

Mar 6, 2018

Is a Verbal Agreement Equal to a Will?

By |March 6th, 2018|Probate|0 Comments

British pop star George Michael passed away from natural causes at age 53 on December 25, 2016. His body was discovered at home by his boyfriend, Fadi Fawaz, when he came to pick him up for brunch. Since his death, there has reportedly been a lot of acrimony between Fawaz and Michael's family. Fawaz was snubbed from the funeral, is banned from visiting the cemetery, and the family is reportedly considering taking legal action to have him removed from Michael's multi-million-dollar townhouse. Since Michael's death, Fawaz has been living in the [...]

Feb 7, 2018

Who Has Standing to Contest a Will in Tennessee?

By |February 7th, 2018|Probate|0 Comments

If you want to contest a will, there are certain requirements that must be met to determine if you can do so legally. This means that you must first have legal standing before you can contest a will in Tennessee. The following are a few questions about determine who might have standing to contest a will and some of the other constraints regarding an estate dispute. Q: What is the time limit for disputing a will in Tennessee? The legal time limit, or statute of limitations for contesting a will in [...]

Jan 9, 2018

Witness Testimony in the Will and Probate Process

By |January 9th, 2018|Probate|0 Comments

The act of writing a will alone is not a legally sufficient manner of determining the fate of one’s earthly possessions. Wills need to be witnessed and filed, and nearly every will in Tennessee eventually goes through the probate process. What many Tennessee residents may not realize is that witnesses to a will are often required to testify during the probate process. Understanding the role of a witness to a will, and the reasons for their testimony during probate is crucial to deciding whether to take on the responsibility of being [...]

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