When an individual passes away, his or her assets may or may not be required to go through the probate process in Tennessee’s probate court. The determination of whether probate is needed is often dependent on what types of assets were left by the decedent. Often many beneficiaries of an…
When thinking about what to leave to loved ones after you have passed away, you may first think of your bank account, car, or house. While many people choose to leave their tangible assets to specific individuals in a will after they have died, more and more people are choosing…
Probate has somewhat undeservingly developed a negative reputation from some over the years. Certain people who have gone through the probate process may negatively talk about the cost or time required to probate an estate. However, for the probate process to work properly, there are certain requirements that must be…
One of the questions that I often get is, “How long does probate take in Tennessee?” Although many times it is very simple, the probate process can become very complicated depending on what type of assets or debts are within the estate. As a result, an estate can remain open…
Recently, I have received several inquiries regarding the validity of an out of state will or a will that was drafted outside of Tennessee. Many people want to know whether their will that was drafted in another state like Colorado or Florida has the same effect as a will drafted…
Recently, attorney Jim Higgins appeared on Nashville’s WSMV to talk about what happens when someone passes away without a will. Although there are a number of benefits to having a will in place, it is not the end of the world if you do not have one. The important difference…
Working as a Tennessee estate and probate attorney, I get questions from people all of the time regarding some of the basic issues about my field. Many of the people that I talk with are often worried about specific legal technicalities in estate planning. There are a number of seemingly…
Having an estate plan in place is important for every individual. An estate plan is a set of legal documents that sets forth what you would want to happen to your assets if you were to die or become incapacitated. An estate plan can also establish a decision maker in…
You may or may not have a will in place. In fact, a large portion of the population does not even have a will. Although it is always best to have a will in place for a number of reasons, Tennessee law sets forth where a person’s assets are to…
Working as a Tennessee probate attorney, I get calls every day from people asking whether or not their loved one’s estate will have to go through probate court. Probate court is the court that oversees the payment of any debts and the transferring of a person’s assets after a person’s…