A diligent individual may leave behind a will with clear instructions for distributing an estate after death. Some in the family may not be happy with the document's contents and challenge the expressed wishes. Individuals and their inheritors should know how to...
Probate
Avoid making missteps in your role as the executor of an estate
An appointment as the executor of an estate is an enormous task that, at times, may seem overwhelming. You want to manage your duties successfully, but how do you avoid making missteps that could land you in legal hot water? What the role entails In the work of...
How do you handle pets with probate?
After your death, your last will and testament must undergo verification in court. Your executor will help this process along, ensuring that everything you wanted to happen will come to fruition in your absence. This includes any special stipulations you may have...
What are some legal grounds for contesting a will in probate?
Most people create wills to protect their assets and their future beneficiaries, but what happens when someone disagrees with a will's contents and wants to contest it legally in probate? The Balance notes that if the creation of a will does not meet all of the legal...
What qualities should you look for in an executor?
When organizing an estate, there are a host of matters you must address before signing the final papers. If you are in the process of creating a last will and testament, it is important to include all property and assets of your estate, then determine what...
What conditions make a will invalid?
One of the reasons for probate in Tennessee is to verify the validity of estate planning documents such as a will. If you wish to contest a loved one's will, it is important for you to know which conditions could make a will invalid. Focusing on areas of concern may...
Other alternatives to full-blown probate
As many residents of Tennessee have probably heard, creating a trust is one way residents can eliminate, or at least greatly simplify, the probate process.To review, probate is a court-supervised process through which a person, the executor, collects a deceased...
What is the “elective share” in probate?
Like other states, Tennessee has a provision in its laws for what is commonly called the elective share. The elective share protects the surviving spouse from being left penniless after the other spouse's death`. Presumably, this is because, as a society, we assume...
Grounds under which one can challenge a will
Creating a will is an important step for almost anyone in Southeastern Tennessee to take. Doing so can save a lot of trouble for one's family after one's death, as a well-drafted will should give clear instructions about how a Cleveland resident wants her property...
What happens if the family can’t agree on an executor?
When a Tennessee resident dies without a will, it may be difficult for the family to decide who should be the executor of the deceased person's estate. To review, an executor is a person appointed by the probate court to gather the deceased's property, pay off debts,...