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Navigating Disputes in Probate Court

Posted by Nina Whitehurst | Mar 31, 2024 | 0 Comments

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.

Who Does a Probate Attorney Represent: Executor or Heirs?

Posted by Nina Whitehurst | Mar 24, 2024 | 0 Comments

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.

What to Know About Probate: Estate Planning Basics

Posted by Nina Whitehurst | Oct 08, 2023 | 0 Comments

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.

Appointing an Executor? Here's What an Executor Cannot Do

Posted by Nina Whitehurst | Mar 13, 2023 | 0 Comments

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.

What Is an Executor?

Posted by Nina Whitehurst | Jul 22, 2022 | 0 Comments

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.

The Basics of Estate Administration (Probate)

Posted by Nina Whitehurst | Dec 23, 2020 | 0 Comments

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).

What to Do if You Think Your Inheritance Was Stolen

Posted by Nina Whitehurst | Nov 04, 2020 | 0 Comments

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.

Finding Assets of a Crossville, Tennessee Estate

Posted by Nina Whitehurst | Dec 23, 2019 | 0 Comments

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.

Am I Responsible for My Deceased Parent's Debts?

Posted by Nina Whitehurst | Dec 09, 2019 | 2 Comments

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.

Probate Isn’t Necessarily a Bad Thing

Posted by Nina Whitehurst | Sep 27, 2018 | 0 Comments

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...

U.S. and Canada See Increase in Will Challenges

Posted by Nina Whitehurst | Mar 21, 2018 | 0 Comments

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...

Avoiding Probate Isn’t Always Best Approach

Posted by Nina Whitehurst | Feb 21, 2018 | 0 Comments

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."

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