Probate
Can 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…
Read MoreDo Bank Accounts Go Through Probate?
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…
Read MoreThe Benefits of Using an Attorney for Probate Administration
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…
Read MoreProbate Estate Inventory Requirement, Process, and General Checklist
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…
Read MoreWhat Exactly Is a Probate Lawyer?
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.…
Read MoreHow to Avoid Probate Problems
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…
Read MoreIs a Copy of a Will Valid for Probate if the Original Cannot Be Found?
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…
Read MoreExecutor or Administrator? The Role of the Personal Representative
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…
Read MoreProbate in Tennessee: Frequently Asked Questions
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…
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