Posted by Nina Whitehurst | Sep 20, 2024 |
Probate is a legal process that happens after someone dies. While probate can be complex, lengthy, and expensive, an estate planning attorney or probate attorney can help mitigate unwanted risks. They will be able to anticipate what might happen and prevent issues before they arise.
Posted by Nina Whitehurst | Jun 21, 2024 |
Probate is the legal process of formally recognizing a will after a person dies, naming or validating an executor to administer the estate, and distributing assets to intended beneficiaries. It also requires paying the decedent’s outstanding debts and federal and state taxes.
Posted by Nina Whitehurst | May 20, 2024 |
When a loved one passes away, it’s important to obtain several certified copies of the death certificate. This document is necessary to handle the financial and legal affairs of the deceased person.
Posted by Nina Whitehurst | Mar 31, 2024 |
Most matters the probate courts handle, like admitting wills and assigning executors, are standard operating procedures and go uncontested. However, legal contests arising from a person’s death or mental capacity may lead to probate litigation over powers of attorney, will and trust contests, guardianships, and living wills.
Posted by Nina Whitehurst | Mar 24, 2024 |
Whether you are an executor or an heir of the probate estate, knowing the probate lawyer’s role is essential. Consider it one of the first steps you should take at the beginning of the probate process. One of the biggest sources of conflict in probating an estate is understanding the role of the probate attorney.
Posted by Nina Whitehurst | Oct 08, 2023 |
Most estate planning attorneys can help you craft an estate plan that minimizes or avoids probate altogether. Probate proceedings are part of the public record and can be very time-consuming and expensive. However, in nearly every case, to some extent probate is necessary. So, it’s important to understand how to navigate the process.
Posted by Nina Whitehurst | Jul 20, 2023 |
When people pass away, they leave behind assets, property, and possessions that can have sentimental and real value for surviving family members and loved ones. Everything that an individual owns upon their death is known as their estate.
Posted by Nina Whitehurst | Apr 19, 2023 |
Once your will goes through probate, it becomes a public record. The probate court must maintain the will so that the public can access it.
Posted by Nina Whitehurst | Mar 13, 2023 |
The person you name as your executor will be accountable for a number of important tasks, even in managing the administration of a small estate. This may include filing tax returns, keeping meticulous records, and distributing assets to your beneficiaries. At the same time, there are rules about what the person in this role is not permitted to do.
Posted by Nina Whitehurst | Jan 08, 2023 |
“Decedent” is a legal term that refers to a person who has died with unsatisfied legal obligations.
Posted by Nina Whitehurst | Jul 22, 2022 |
An executor is the person or institution responsible for managing the administration of a deceased person's estate. The executor (also called a personal representative) is either named in a will or appointed by the court, if there is no will.
Posted by Nina Whitehurst | Dec 23, 2020 |
Estate administration is the process of managing and distributing a person’s property (the “estate”) after death. If the person had a will, the will goes through probate, which is the process by which the deceased person's property is passed to his or her heirs and legatees (people named in the will).
Posted by Nina Whitehurst | Nov 04, 2020 |
For almost every wrong there is a remedy, but you cannot just sit and wait and hope things work themselves out. If there are bad actors involved, those things will not work themselves out without some kind of intervention. If there is no intervention, the bad actors WILL eventually get away with their wrongdoings with the passage of time. YOU must take the bull by the horn and claim what is yours.
Posted by Nina Whitehurst | Jun 29, 2020 |
there are often ways to expedite the death benefits process to receive them quickly to help pay for death expenses.
Posted by Nina Whitehurst | Jun 01, 2020 |
Your responsibility as Executor is to either fulfill the obligations expected of you as Executor or to pass on those responsibilities to a Successor Executor. That being said, not everyone is immediately ready to serve in this important role.
Posted by Nina Whitehurst | Mar 16, 2020 |
Attorneys handling probate in Crossville, Tennessee often advise the following options to help people in our area avoid the process altogether to save time, money, and aggravation.
Posted by Nina Whitehurst | Jan 27, 2020 |
The unfortunate reality is people aren’t given much privacy when they pass away. Under the laws of our state and every state in the country, details about one’s estate and inheritance are public record.
Posted by Nina Whitehurst | Jan 20, 2020 |
If you have suffered the loss of your life partner, my heart goes out to you. Few things in this world are quite as devastating. As a Crosville estate planning lawyer, I know grief can debilitate, and the ‘to-do’ list in the immediate aftermath can seem impossible to manage. It might feel like you’re leaving everything behind.
Posted by Nina Whitehurst | Dec 23, 2019 |
Because most people either having nothing more than a will, or no will at all, most estates will have to go through probate, and the courts will appoint an administrator (or executor) who is in charge of taking care of each step in the process. The executor will often make things a bit less overwhelming by hiring a local estate planning lawyer. One of the first things either the courts or the lawyer will tell the executor is that they need to create a list of assets.
Posted by Nina Whitehurst | Dec 09, 2019 |
It is bad enough when a parent dies, but then the hounding from the parent's creditors begins. The creditors try to convince the grieving children that they are personally responsible for paying the parent's debts. As a general rule, this is simply not true, but some of the exceptions can swallow up the rule completely, so it is important to understand the nuances.
Posted by Nina Whitehurst | Sep 27, 2018 |
An estate planning attorney can guide you through the process … with or without probate.
Financial and family situations are often challenging, as you work to protect your assets, privacy and family peace. You have to deal with state laws, federal laws and the word “probate” but it isn't alw...
Posted by Nina Whitehurst | Aug 01, 2018 |
The estate includes assets as well as frequent flyer miles … and where they will go.
There is considerable interest in the estate of celebrity Anthony Bourdain and it is getting even more interesting, according to Forbes...
Posted by Nina Whitehurst | Jul 12, 2018 |
Spouse retains full rights to estate, unless there is a divorce.
There were two deaths in the celebrity world recently that involved separations, highlighting a peculiar issue in estate law, according to Forbes...
Posted by Nina Whitehurst | Mar 21, 2018 |
As size of estates increase, so do the number of challenges. However, success isn't easy to come by.
As the number of wealthy estates increase, both the U.S. and Canada find themselves in challenges brought about by people who believe they didn't get their fair share, according to The Globe...
Posted by Nina Whitehurst | Feb 21, 2018 |
Sometimes it is best if your home does go through probate.
Putting your child's name on the deed of a home may avoid probate. However, it is almost always a very bad idea because of the risks involved, according to My Prime Time News in "Deeds and Probate Avoidance."