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Posts tagged "Probate Litigation"

Wills and will contests: Who can challenge a will?

Not everyone can contest a will. The individuals who can contest a will must be people who stand to benefit in the event that (1) the will is invalidated and the estate will be distributed according to Tennessee intestacy laws, (2) in the event that the will is invalidated and this results in honoring a previous will or (3) in the event that a subsequent will is honored.

Estate planning for art collectors

You love your art collection, which is why you want to pass it on to your favorite people as a part of their inheritances. However, bequeathing art the right way takes advanced preparation to ensure that your loved ones benefit from your art pieces without suffering from tax burdens, arguments over who gets what and other probate-related nightmares after you're gone.

2 tips to make probate easier for your heirs

If you're planning your estate, you may be doing it more for your loved ones than anyone else. Although you will benefit from having a power of attorney in place for your health care and financial concerns in the event of your unexpected incapacitation, a sound and well-thought out estate plan will be of great benefit to your family members after you're gone -- especially in terms of the probate process.

3 advantages offered by trusts in estate planning

If you've considered drafting a trust as a part of your estate plan, you probably have some specific trust benefits in mind. Indeed, while trusts might not be for everyone, from an estate planning perspective, these highly flexible documents offer their creators -- and their beneficiaries -- some distinct advantages over a traditional will.

Is a trust necessary to avoid taxes?

We work our entire lives to save money, build our estates and leave a legacy behind to our children. The thought that a massive chunk of our estate will get consumed by the government can be particularly troubling. As such, estate planning lawyers have devised a host of strategies that can help families reduce their estate tax burdens over the years. But are these strategies even necessary in 2018?

What are the steps of the probate process?

No one ever celebrates the probate process, but they certainly like to celebrate the day that it's over. This is when the assets of the probated estate begin to get distributed, and the beneficiaries get to benefit from whatever moneys that were left to them. Also, even if the estate doesn't have any assets involved with it, family members will usually breathe a sigh of relief and feel a sense of closure that the estate is finally settled.

4 ways to avoid the probate process

In a perfect world, we would pass away and the loved ones named in our will would instantly receive the assets we've bestowed upon them. However, because numerous disagreements can arise during the estate distribution process -- and because creditors get a chance to lay their claims upon the state prior to distribution -- an estate needs to go through probate before its assets can be distributed.

What are the duties of the executor during probate?

Most estate planners in Tennessee will want to avoid probate. However, there are many situations when probate avoidance strategies aren't practical; or, it's simply too late to avoid probate and the owner of the estate is already deceased. Regardless of the situation, you might be curious who actually handles the probate process, which -- depending on the complexity of the estate -- could be a difficult process to navigate for the average Davidson residence.

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