Probate
When to Use a Codicil Instead of Rewriting Your Will
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…
Read MoreWhat You Should Know About Leaving Property to Your Kids
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…
Read MoreWhy Is Probate Taking So Long Right Now?
When someone loses a loved one, the difficulties are not only emotional but many times financial, as the deceased’s assets must be properly handled and distributed to the rightful heirs of the estate. These concerns involve issues related to the loved one’s Will (if any), debts, and property. In addition to this, a surviving spouse…
Read MoreHow 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…
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