Probate
How Long Does Probate Take in Tennessee?
When a person dies, there is often an estate left behind by the individual that needs to be distributed to their intended beneficiaries. The courts have an interest in ensuring that these estates are handled properly, including the lawful transfer of assets to the legal heirs and beneficiaries. When the person who died (the decedent)…
Read MoreWhat Happens if the Executor Fails to Carry Out Your Will?
Probate and wills can be a touchy subject for many people. It forces them to face their mortality, which isn’t the most pleasant thought for anyone. However, having plans in place beforehand can eliminate long and drawn-out court battles between members of your family and loved ones. Having an attorney prepare a will as part…
Read MoreWhy Creating Your Will Online Could Backfire
Between the recent tornadoes and hailstorms, as well as the coronavirus outbreak, many people are starting to consider their mortality. For this reason, they are beginning to think it is time to prepare their last will and testament or to revise their existing wills. According to CNBC, various online will-drafting sites are beginning to see…
Read MoreHow to Choose an Attorney for Probate Litigation
As the executor of a deceased person’s estate, you are not required to hire the same attorney who wrote up the deceased person’s will. You can ask that lawyer for the original document if he or she has it. As the executor, you are entitled to hire the lawyer of your choice. This attorney is…
Read MoreDo I Have to Go Through Probate If My Spouse Dies?
Losing a spouse is one of the most emotionally draining and stressful experiences there is. Often, this stress is compounded by financial burdens, especially if the deceased was the primary earner, or if a couple’s savings account is not prepared to handle the influx of expenses for burial and funerals. Even when a couple is…
Read MoreCan Parents Disinherit Their Children in Tennessee?
Are you considering leaving one – or all – of your children out of your will? Or have you discovered one or both of your parents have disinherited you, due to a family rift or reasons known only to them? You may be wondering about the legality of disinheritances here in Tennessee, and what can…
Read MoreWhat Types of Assets Are Subject to Probate in Tennessee?
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…
Read MoreWhy You Need to Talk to Your Parents About Estate Planning
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…
Read MoreCan I Sue If My Sibling Swayed My Parent to Leave Me Out of the Will?
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…
Read MoreDo I Have to File for Probate?
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…
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