Probate
Probate 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…
Read MoreContesting a Will in Tennessee
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…
Read MoreHow Does a Prenuptial Agreement Impact Who Can Inherit?
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…
Read MoreHow Does Intestate Succession Work in Tennessee?
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…
Read MoreEstate Litigation Is on the Rise – Why?
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…
Read MorePursuing a Claim Against an Estate with Probate Litigation
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…
Read MoreWhy Your Estate Might Be Subject to Probate Litigation
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…
Read MoreIs a Verbal Agreement Equal to a Will?
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…
Read MoreWho Has Standing to Contest a Will in Tennessee?
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…
Read MoreWitness Testimony in the Will and Probate Process
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…
Read More