When a testator dies, the executor will take the will to probate. The probate court will follow certain procedures to confirm that the will and any other related documents are valid before officially appointing the executor. However, they may need to buy a probate...
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probate litigation
2 reasons people decide to contest a will in probate court
The terms that someone adds to their will or broader estate plan can provide support for their dependent family members and allow for the transfer of their assets to others when they die. Most people are eager to uphold someone's stated wishes during estate...
What happens when an executor abuses their position?
The executor of an estate has to do a lot of time-consuming work. They have to show up for court hearings, communicate with creditors and maintain records of how they distribute the estate assets. Typically, the individuals who assume such positions need to be...
What if an estate executor removes assets from the house?
One problem that can sometimes arise during probate is that the estate executor decides that they're going to remove assets from the deceased person's home. This can be in direct violation of the estate plan and may violate the rights of the beneficiaries. After all,...
Is it time to handle financial affairs for a deceased parent?
After a parent passes away, the surviving loved ones may have a challenging road ahead. Adult children may deeply feel the grief of their parent’s passing, and while addressing their emotions is important, at least one of them will likely have to handle matters...
If there are two wills, which one counts?
Say your parent passes away, and you hypothetically find two wills. Maybe they give one to you directly, but then you find another one in the house when gathering assets. Maybe they have all of their documents in one place, and you merely find two copies when going...
How can I avoid probate?
Wills are excellent tools for leaving inheritances for heirs, but they are not always the fastest or even most effective method. Depending on the asset, it may be possible to pass it on to someone else without including it in a will or having it go through probate....
Are there some basics that need to be in everyone’s will?
While Tennessee residents have a great deal of leeway when it comes to what goes into their estate plan, some basic information will usually be in most plans. For instance, a person’s last will and testament can include a variety of information and provisions....
Factors that affect how long probate takes
Nashville residents rarely pass away without having any property, debts or other matters that require “wrapping up” by someone who survived him or her. This may require going through the probate process. The executor or personal representative of the estate will have...
What happens to a loved one’s debt after death?
Losing a loved one is difficult, even if it is expected. It takes time for life to return to normal. At some point during the grieving process, family members will need to turn their attention to closing out the Nashville resident’s estate. As part of the probate...