The sorrow of our losses can become more complicated with the complexity of the Court.
Have you recently lost a loved one?
Probating an estate means to present to the Court all of the assets and liabilities that belong solely to a person who has died and, through an administrative process, satisfying all debts and distributing the remaining assets to the heirs.
If a person dies with a will, the will makes certain directives as to the distribution of the property. Sometimes, however, there will be property outside of the will. Also, if certain events have occurred since the execution of the will (marriage or the birth of a child), the will is not valid.
If a person dies without a will, it is called intestate. The distribution of the net estate will be determined by the line of descendants of the deceased person.
The probate Court will control the sale of the property and the validity of any claims made against the estate.
If you are named the executor in a will, you will have a financial responsibility to make sure all valid debts are paid and all property is properly distributed to the heirs. The Court may make you post a bond.
If there are minors who are to receive anything of value from the estate of a deceased person, the Court will require the a guardianship be set up for the child. A guardian may be a parent or adult sibling who will accept the responsibility of making sure the money is used appropriately and only for the benefit of the child. If there is no one to accept this responsibility, the Court may hold the funds until the child turns 18 year of age or appoint someone else. The guardian will be required to post a bond. This is done through a bonding company and is usually not very expensive.
Throughout the probate process, there will be other considerations, such as 1) whether the claims for payment of bills made against the estate are valid; 2) whether the surviving spouse can get a year’s support and what the appropriate amount is; 3) whether the surviving spouse can elect to take the exempt personal property without disclosing the specific items recovered; 4) whether the residence can pass outside of the probate process; and other considerations. These decisions should be made with the advice of an attorney.
The probate process also requires that you file proper tax returns for the decedent and the estate; and to keep a proper accounting of all expenses paid throughout the process.
Contesting a will is when one person who is a potential beneficiary of the decedent’s estate believes that the will is not the true intent of the decedent. This could be because they believe that the decedent was unduly influenced by a particular person, the decedent was not aware of what he was doing when he signed the will, or other reasons.
In Tennessee, if a person is very ill and changes a will shortly before their death, there is a high likelihood that the will can be defeated. There are a number of things that must be considered before we would advise you to proceed with a will contest. If the will is defeated, a prior will could be the will in effect, OR if there was no prior will, the laws of intestate succession would apply.
Before you begin the will contest, you should be well advised of the length of time involved, the likelihood of facing an appeal, the emotional drain on the family members, and the intense involvement of the Court in very private family matters. Once you are well informed, you will can make a wise decision on moving forward.
Avoiding probate is becoming a common request. A person can often avoid the probate process by properly titling property to pass to heirs without the necessity of going to court. You can also set up appropriate revocable trusts (sometimes referred to as “living trusts”) to pass property to children, provide for the education of your children, and take care of your spouse or other heirs. LawCare - Family Law Center can guide you through this process.
Are you ready to proceed? You may email or call for a consultation appointment. We will forward to you an outline of the information we will need.
Skilled Tennessee Estate Administration Lawyers
At LawCare , we are committed to helping families in Nashville, Brentwood, and other Tennessee communities deal with complex probate and estate administration matters. Our firm can be reached by phone at (615) 661-0122, by e-mail, or by filling out our in-take form.
