by April Harris Jackson | Oct 22, 2025 | Estate Plan
Trusts are an excellent tool for estate planning and asset protection purposes. The most common type of trust is a Revocable Living Trust, which holds your assets and helps avoid the probate process when you pass away. However, Revocable Living Trusts do not help much when it comes to asset protection planning.
What Can I Do with a Revocable Living Trust?
A Revocable Living Trust is an essential tool for avoiding probate. If you own enough assets to qualify for a full probate proceeding when you pass away, then you will most likely benefit from a Revocable Living Trust. Assets placed in the trust, such as a home and financial accounts, can pass to your beneficiaries without going through the probate process. This saves your loved ones time and money and provides a level of privacy for your personal affairs. A successor trustee of your choosing can also manage any finances you place in your Revocable Living Trust if you ever become incapacitated, or even if you just do not care to handle your own financial affairs anymore.
Will a Revocable Living Trust Protect My Assets?
Revocable Living Trusts do not protect assets from financial predators. If you owe money to creditors, then those creditors may take assets from your trust, even though the trust is technically the legal owner of the assets. Your Revocable Living Trust is not suitable for asset protection purposes because you are still considered the owner of the assets if you are the trustee because you have complete control over the trust. There are no restrictions on how you can spend the assets in the Revocable Living Trust, and you can revoke the trust at any time. Revoking the trust means the assets will revert to your direct ownership, putting them back under your control. In addition, all assets in the Revocable Living Trust are reported to the IRS for tax purposes under your Social Security number, meaning there is even less separation between you as an individual and the Revocable Living Trust. This is different from Irrevocable Trusts, which have their own tax identification numbers.
If you are interested in learning more about how certain Irrevocable Trusts can be used for asset protection purposes, or if you’d like to learn more about estate planning with a Revocable Living Trust, simply set up a consultation with a our Nashville trust attorney to talk about how we can help.
by April Harris Jackson | Oct 8, 2025 | Estate Plan
Have you ever wondered what is the worst that can happen if you become incapacitated or pass away without an estate plan in place?
If you have, you’re not alone. This is actually a common question that I receive as a Middle Tennessee estate lawyer, especially from those in close-knit families who believe that their kids (or other loved ones) will peacefully sort everything out when they pass away without needing any additional legal documents or guardrails in place.
Failing to Plan Makes Life Harder for The People You Love
The truth of the matter is that without a plan (or even the wrong plan) you make things much harder for the people you care about, even if everything goes as smoothly as possible and everyone gets along. Managing your affairs will also become much more costly and more time-consuming than they need to be if something happens.
You May Not Like The “Default Plan” The State of Tennessee Already Has for You
Remember, you are not obligated to create an estate plan; the state of Tennessee already has a plan that your loved ones will be forced to follow in the event you do nothing. The only way to override the state’s plan is to legally create one of your own.
What If You Are Incapacitated?
If a crisis happens during your lifetime and you don’t have a plan, you run the risk of losing flexibility and you may even lose control. Even if your loved ones want to help if you become incapacitated, they could be barred from getting involved with your affairs because of HIPAA laws or other privacy policies. If that happens, all decisions about your care and your future will be made by people who don’t know you or what is important to you.
Make Planning a Priority to Protect Your Family, Your Wishes, and Your Assets
The bottom line is that an estate plan is a roadmap that’s designed to make life as easy and hassle-free as possible for yourself and your loved ones in the event of illness, incapacity, or death. It’s one of the most loving gifts you can give. If this article has caused you to rethink your current plan for your affairs, we are here to help you. Simply contact our Middle Tennessee law office at (615) 846–6201 to schedule a consultation.
by April Harris Jackson | Sep 3, 2025 | Elder Law, Estate Plan, Family, Heirs and Beneficiaries, Last Will and Testament, Money, Probate, Trusts
When you aren’t clear about your wishes, you leave a blank space for your loved ones to try to fill in. This can be incredibly stressful to them – even if you’ve expressed your wishes to them but didn’t write them down – so it’s important to know your wishes ahead of time. Learn what could happen to you if you don’t make your wishes known.
What Happens if You Become Incapacitated in Tennessee?
If you become incapacitated in Tennessee (a temporary coma, for instance,) and have no medical power of attorney set, your loved ones may have to go to court and then a judge will decide who can make medical decisions for you if you’re unable to communicate your wishes.
Trying to determine your wishes after you can no longer express them can be an extremely stressful time for your family, which is why it’s so important to communicate your wishes ahead of time, just in case anything happens to you.
What Happens if You Die without a Will or Trust in Tennessee?
If you die without a will, that is called “intestate.” This means that whatever inheritance you leave behind, including your property, is subject to Tennessee intestate succession laws. Intestate laws typically leave your property to your surviving spouse and/or children, but parents, siblings, nieces, and nephews could become eligible too.
Here’s a quick breakdown of what would happen in Tennessee if you are married or have children:
- If you have a spouse but no children, the spouse would inherit your entire estate, even if you’re separated.
- If you have a spouse and children, the estate would be divided equally among all parties (except that the spouse can receive no less than 33% of the overall estate).
- If you only have children, your estate would be split equally among all the children.
Keep in mind that only your biological and adopted children will inherit from you if you do not have a will. If you would like to leave part of your estate to step-children, foster children, godchildren, or other children who are close to your heart, you’ll want to make plans for that in your will or through non-probate beneficiary designations.
Here’s what would happen if you died unmarried and without children:
- If you have a parent, the entire estate would go to your parent(s).
- If you have sibling(s) but no living parents, the estate will be split equally among your siblings.
- If you have no parents or siblings, the estate will be split equally among your siblings’ children.
- If you’ve none of the above, the estate would be split equally among paternal and maternal aunts and uncles.
You don’t have to die to see how this one might end if you don’t write your decisions out!
Who Makes Funeral Decisions if You Die in Tennessee?
Similar to the above, if no one has been legally designated to make funeral decisions on their loved one’s behalf, it falls to the next-of-kin, which would be the spouse or adult children. Once the family member takes responsibility for making and paying for their loved one’s funeral arrangements, they sign a legal contract that obligates the funeral home to follow instructions from that family member alone.
Make sure you tell your family what you want so there’s a consensus during a difficult time..
What if there are no next of kin?
If there are no next of kin (as defined above) and no personal representative, any other person willing to assume responsibility and arrange the funeral (including the funeral director) can make funeral decisions, after attesting that a good faith effort has been made. As for your estate, if no family can be found it will ultimately be turned over to unclaimed property.
Learn More from Graceful Aging Legal Services
Don’t leave a blank space for your family members to fill in regarding your end of life wishes. Don’t keep them second-guessing. Instead, leave something that people can read like a magazine to know what you want your life – and death – to be like.
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by April Harris Jackson | Aug 6, 2025 | Estate Plan
It is well known that probate in Tennessee can be costly and has the potential to be very time-consuming. Many look for loopholes in the system as an attempt to shorten or eliminate the probate process. Some believe that adding their child’s name to their bank accounts or even placing their child’s name on their property deed can help speed the process along. While this strategy might give your child quicker access to money and could potentially help transfer ownership of your property faster after you pass, as a Davidson County estate planning lawyer, I warn that it is likely to cause headaches in the long run. Here are just a few things to consider before taking this action.
1. Your Child Has a Say in Important Decisions
By adding your child’s name to your deed, you have named them as a joint owner of the property. This creates a need for both parties to be in agreement regarding the sale or refinance of said property while you are still alive. The potential for intense family conflict exists if you and your child are not on the same page.
2. Sharing Creditors
Before deciding to add your child to your assets as joint owner, you must have a comprehensive understanding of your child’s credit situation. If they are in financial trouble, you could be at risk if you add them to your accounts. That’s because when you share ownership of assets, your child’s creditors could come after your assets for payment. Or, if your child is sued or gets a divorce, half of your assets could be up for the taking!
3. Your final wishes may not be honored.
Having your child named as joint owner of your assets makes them the sole owner when you pass. Regardless of any verbal agreement with your child as to how you want your assets distributed, they will have complete authority over such decisions. This could be a problem if you have other children or you have specific wishes about how you want your assets split up when you are gone. Legally, your child who becomes the sole owner of your property does not have to share a penny with anyone else.
The good news is that there are safer and more efficient ways to help your children avoid probate without encountering some of the drawbacks and problems detailed above. Consider talking to a Davidson County estate planning attorney before taking the step of adding your child’s name to your assets. We can help you get started. Contact us at (615) 846–6201 or click this link to set up a consultation with April.
by April Harris Jackson | Jul 9, 2025 | Estate Plan
If you plan on leaving money to minor children in your Last Will and Testament, you’ll have an important issue to consider: Who will be in charge of managing the inheritance and keeping the child’s money safe from being lost or squandered if the parents pass away?
Estate planning is often easier for married couples in this situation. One spouse leaves everything to the other spouse, and the surviving parent will take care of the children. But what happens if something happens to both parents, either at the same time or within a short span of time?
Unfortunately, a Nashville Will lawyer can tell you that there is no easy answer. Young beneficiaries usually require someone else to be named to manage their inheritance because they are legally unable (as in the case of a minor) or too immature to manage the inheritance themselves.
Parents often will ask the people named as guardians to also take responsibility for their children’s money and property. However, if you do not name anyone to manage finances for your children, the probate court will do it for you by appointing someone – perhaps a complete stranger – to serve as the children’s financial guardian. The financial guardian selected by the probate court must report frequently and has limited authority to make decisions.
It’s also important to note that, unless otherwise noted, children who are 18 or older will have complete control of the property and money left to them. That being said, you should consider raising the age at which your child gains financial responsibility to age 25 or older. This reduces the risk of your child’s inheritance being mismanaged or lost.
A Revocable Living Trust is often the best way to manage your children’s inheritance so that they do not receive a lump sum of money before they are mature enough to handle it. A Revocable Living Trust allows you to raise the age or layout key milestones in which the children receive their money. It also allows you to specify a trustee who oversees the distribution of funds to your children according to your wishes for their future and how their inheritance is to be spent.
If you have any questions about naming a person to manage a minor child’s finances, or if you are interested in learning more about setting up a Revocable Living Trust, please give our law firm a call at (615) 846–6201 or click this link to set up a consultation with our Nashville will lawyer.
by April Harris Jackson | May 25, 2025 | Estate Plan, Family, Last Will and Testament
Families today come in many beautiful and diverse forms. Whether you’re part of a blended family, a queer couple raising children, or a co-parenting arrangement that doesn’t fit the traditional mold, estate planning becomes especially important—and sometimes, a little more complicated.
One question that comes up frequently is whether a second-parent adoption is necessary or recommended. Here’s what you need to know—and how to decide if it’s the right move for your family.
What Is Second-Parent Adoption?
Second-parent adoption is a legal process where one parent adopts their partner’s biological or legally adopted child without terminating the first parent’s legal rights. It’s commonly used in families where both parents are raising a child, but only one is legally recognized as the parent under state law.
For example, in some states, if a child is born to a married same-sex couple, both spouses are not automatically recognized as legal parents. If a child is born through assisted reproductive technology, the non-biological parent may not be on the birth certificate. In blended families, a stepparent may be acting as a full-time parent without any legal status. Without legal parental rights, the second parent may have no say in medical decisions, no custody rights in the event of separation, and no automatic inheritance rights without a proper estate plan.
Why Legal Recognition Matters
Even if your day-to-day family life functions seamlessly, legal recognition ensures your parental role is protected—especially in moments of crisis. A second-parent adoption:
- Grants full parental rights, including custody and decision-making power
- Allows the child to inherit automatically if something happens to you
- Gives your child legal access to benefits like Social Security or health insurance through you
It can also protect your family if you move to a state with different laws or face challenges from extended family members in times of stress or grief.
Alternatives and Supplements to Adoption
Second-parent adoption isn’t the only tool available. Depending on your state and circumstances, other legal documents can help:
- Wills can appoint guardians for minor children.
- Custody or parenting agreements can be drafted to reflect your roles and expectations.
- Healthcare proxies and powers of attorney ensure your partner can make decisions in an emergency.
Still, none of these carry the same weight or permanence as legal parentage through adoption.
Is Second-Parent Adoption Right for You?
It depends on several factors:
- Your state laws: Some states automatically recognize both parents in a marriage or civil union, others do not.
- Your family structure: Are you co-parenting with a former partner? Are you a step-parent raising a child from a prior relationship?
- Your long-term goals: Do you want your partner or spouse to have full parental rights in every legal sense?
An experienced estate planning attorney can help you and your blended family understand the landscape and weigh your options.
Final Thoughts
Every family deserves the peace of mind that comes from knowing your legal rights match your lived reality. Whether it’s through second-parent adoption, estate planning tools, or both, we’re here to help you build a plan that fits your unique family.If you have questions about your next steps, let’s talk. Click here to schedule an initial call today!
by April Harris Jackson | Feb 12, 2025 | Elder Law, Powers of Attorney, Probate
Probate is the name for the legal process of distributing assets after someone passes away. These assets can include bank accounts, real estate, vehicles, retirement accounts, life insurance, and financial investments. Before the assets can be distributed, however, they must first be gathered and used to pay creditors.
After that, the heirs can finally receive their distribution of the estate. However, even then, there are several factors that can still delay the distribution process. In our practice, it is common for probate to last about nine months. In more complex cases, probate can easily last several more months or even years. These delays ultimately mean less money and more headache for the surviving family.
Let’s go through the factors that cause delays in probate, and discuss what steps can be taken to minimize the delay.
1. Passing away without an Estate Plan
If you pass away without an estate plan, your loved ones will have to go to probate court. The court will appoint someone among them to be the “Personal Representative.” The Personal Representative will be responsible for contacting all of the financial institutions about your death. They will also be responsible for using your funds to pay creditors and ultimately make distributions to your heirs.
When there is no estate plan, the process for appointing a Personal Representative can be seriously delayed. The family will have to come to a consensus on who the Personal Representative will be before they present their choice to the court. Moreover, whoever is selected as Personal Representative is often not prepared for the role, as they had not been told to expect it. The process of going through all of your finances and contacting all of your financial institutions might be overwhelming for them, especially if they did not know your finances very well. Moreover, they will be responsible for mediating tension between the family, which is made even more difficult if members of the family do not think you explicitly wanted them to serve as Personal Representative.
Having an estate plan would minimize all of these consequences and delays. By having an estate plan, your family will already know who you want to represent your estate, which will make the process for appointing a representative much smoother. The person you select to represent your estate will also be better prepared for the role, as they are aware that they will one day need to fulfill the role.
The best way to minimize delays in probate is thus to have a clear estate plan in place, and to let your family and loved ones know about your intentions.
2. Family Tension
Even with an estate plan, family dynamics can still play a major role in probate. For example, if the only major asset that you have at the time of your death is your house, and one of your heirs would like to live in it while the other heirs would rather sell it and keep the sale value, tension will ensue and attorneys may need to get involved. All of this will ultimately lead to a delay of the probate process, and may ultimately divide the family in an irreparable way.
Feuds such as the one described happen even in the most loving of families. To avoid these feuds, it is important to not only have an estate plan, but to have one drafted by an experienced estate planning attorney. An experienced estate planning attorney will be familiar with cases such as the one described and will be able to help you think through exactly what you would want to happen if these cases occur. Your estate plan will thus be better able to help your family navigate your precise wishes for your assets, ultimately easing tension and expediting the probate process.
Hiring an estate planning attorney to draft your estate plan is one of the most important steps you can take to minimize probate delays.
3. Financial Complications
If you keep your finances private, it will be difficult for your intended heirs to know what to expect after you pass away. They may not even know where you bank and what financial investments you have. The more difficult it is for them to know your finances, the more difficult it will be for them to notify your financial institutions of your death and gather accounts.
Furthermore, if you are in debt or are not paying your taxes, your Personal Representative will be responsible for using your assets to pay your creditors and the IRS. This can cause serious delays to the probate process, especially if the Personal Representative was unaware. Creditors will ensure they receive their payments by filing claims against the estate through probate court. These claims ultimately slow down the probate process as each claim requires a hearing before a judge.
To save your family time, headache, and grief after your death, it is important that you keep your finances in order. Pay off debt when you can, and keep a clear record of it. File your yearly taxes appropriately. Let your loved ones (especially your Personal Representative) know of your finances and how to contact each financial institution in case something happens.
Even in the best of cases, probate takes a while. To minimize delays, we recommend having an experienced estate planning attorney draft your estate plan, clearly telling your loved ones of your intentions, and keeping your finances in order as much as possible. Your loved ones will already be filled with grief after your death. The best gift you can give them is preparation.
Here at Graceful Aging Legal Services, we offer software that can help our clients keep their estate in order. Contact us at 615-846-6201 or hello@galsnashville.com if interested.
by April Harris Jackson | Feb 5, 2025 | Elder Law
Becoming an executor can be both an honor and a daunting responsibility. When a loved one names you as the executor of their will, it signifies a deep trust in your ability to manage their estate after their passing. However, the role comes with numerous tasks and legal obligations that can be overwhelming, especially during a time of grief. This guide will walk you through the steps of serving as an executor, from initial family discussions to closing the probate estate, with a focus on Nashville, Tennessee.
Understanding Your Role as Executor
As an executor, your primary responsibility is to ensure that the deceased’s estate is managed and distributed according to their wishes as outlined in their will. This involves gathering assets, paying debts, and distributing the remaining estate to beneficiaries. It’s essential to approach this role with a clear understanding of the legal and financial responsibilities involved. Start by reviewing the will thoroughly to understand its directions and any potential complexities.
Communicating with Family Members
Before proceeding with any legal steps, it’s usually a good idea to communicate with family members and other beneficiaries. Discuss your role and ensure that everyone involved understands the process. This is also an opportunity to identify any potential disputes or misunderstandings. I once worked with a person whose mother had nominated two adult children to serve as co-executors in her will. The parent knew that the children did not get along, but was hoping that they would be able to work together through probate. As you can imagine, this did not go over well. In the event that your family is in disagreement over who should serve, it may be beneficial to discuss alternatives with a probate attorney before speaking with your family.
Finding a Probate Attorney
Navigating probate law can be complex, especially if you are unfamiliar with the legal system. Hiring a knowledgeable probate attorney in Nashville, Tennessee, can be invaluable. Look for an attorney with experience in estate planning and probate, someone who communicates clearly and understands the specifics of Tennessee law. A good attorney will guide you through the process, help you complete necessary paperwork, and represent you in court if needed. Hiring an experienced attorney will save you time and money when it comes to knowing how to proceed with probate.
Handling Court Paperwork and Letters Testamentary
One of the first legal steps as an executor is to file the will with the probate court clerk and obtain letters testamentary. These documents officially recognize you as the executor and grant you the authority to manage the estate. The Tennessee probate process involves submitting the will, the death certificate, and other required forms to the court. Some Tennessee probate courts require a hearing in front of the Judge to open a probate estate and others do not. Your attorney can assist with these filings and any court appearances to ensure accuracy and compliance with Tennessee probate law.
Gathering and Managing Assets
Once you have been granted letters testamentary, your next task is to gather the deceased’s assets. This includes accessing bank accounts, selling vehicles, and managing any other personal property. Keep detailed records of all assets and transactions, as you will need to provide an accounting to the court and/or the beneficiaries.
Your attorney will help you know what assets are in the probate estate and what passes outside of probate. In most cases, anything with a beneficiary designation or joint owner – like a life insurance policy or retirement account- is a non-probate asset. Real estate, such as the home, is typically not part of the probate estate unless specifically mentioned in the will.
Managing Debts and Expenses
As executor, you are responsible for settling the deceased’s debts and expenses. This includes paying funeral costs, storage or mailing fees, attorney fees, court costs, and any valid bills. It’s important to prioritize these payments and ensure that all debts are settled before distributing the estate to beneficiaries. Collecting the deceased’s mail can help you identify any outstanding bills or subscriptions that need to be addressed.
Keep in mind that you are not required to pay debts out of your own money in most Tennessee cases. Your probate attorney will help you determine which expenses should be paid out of the estate and how to handle any bills sent by creditors.
Handling Taxes
Another critical aspect of managing an estate is handling taxes. You will need to file the deceased’s final income tax return and ensure that any taxes owed are paid. While most estates do not owe federal estate taxes, it’s essential to verify this based on the estate’s value and current tax laws. Consulting with a tax professional can provide clarity and ensure compliance with tax obligations.
Distributing the Estate to Beneficiaries
Once all debts and taxes have been settled, you can distribute the remaining estate to the beneficiaries as directed by the will. This step requires careful documentation and communication with all parties involved. Ensure that each beneficiary receives their entitled share and keep records of these distributions for court reporting purposes.
Closing the Probate Estate
The final step in your role as executor is to work with your attorney to close the probate estate. This often involves submitting a final accounting to the court, detailing all transactions, including costs and beneficiary distributions. Ultimately, you should have an estate account balance with zero dollars. Once the court approves this accounting or the beneficiaries waive the filing of an accounting, you can formally close the estate, completing your duties as executor.
Need guidance on managing a loved one’s estate? Schedule a free initial call with our team at Graceful Aging Legal Services to discuss your specific needs and how we can assist you through the probate process.
Serving as an executor is a significant responsibility that requires organization, communication, and attention to detail. By understanding your role, seeking professional guidance, and following the legal steps outlined in this guide, you can honor your loved one’s wishes and navigate the probate process with confidence. Remember, you are not alone—resources and support are available to help you through this journey.
by April Harris Jackson | Jan 27, 2025 | Estate Plan, Healthcare, Heirs and Beneficiaries, Last Will and Testament, Money
As far as we know, we only live once – and we never know when it’s going to end. It’s important to plan so you can prepare.
You can start 2024 off strong by getting your affairs in order.
1. Create an Estate Plan
First, decide whether you want a will, a trust, or both. Some people opt for a will and a living trust, but it’s up to you what you choose. If you want an attorney to talk over your options, we’d be happy to do that!
You can also decide whether you want a durable power of attorney for finances (in case you’re not able to make financial decisions).
2. Plan for Your Healthcare
You can also consider whether you want to create an advance directive for your care. Most advance directives have a living will and durable power of attorney for healthcare.
The living will tells doctors what kind of care you wish to accept or reject when it comes to emergency treatment, and durable power of attorney lists the person you trust for your care should you become unable to communicate.
3. Organize Your Important Documents
Once you’ve prepared all of your important papers, organize them and put them all in one place.
Here are some examples of papers that you should keep together.
Personal info is needed for identification purposes and is best kept together so your family can be prepared when they need it.
- Social security number
- Date and place of birth
- Names and addresses of spouse and children
- Location of important legal certificates (birth/death, marriage/divorce, citizenship, adoption)
- Employers and dates of employment
- Education and military records
- Names and phone numbers of religious contacts
- Group memberships, awards
- Names and numbers of close friends, relatives, doctors, lawyers, advisors
Emergencies happen – and when you’re not prepared, your family has to scramble to find what your medications are, etc. Keep them all in the same place and be sure that your loved ones know where to look.
- List of any ongoing conditions and treating doctors’ names
- Current prescriptions (keep this list up-to-date)
- Durable power of attorney for healthcare
- Advance directive
- Health insurance info, policy and phone number
Your finances will help family members better understand what financial resources they can draw from to help you with your care, should you need it.
- Sources of income/assets
- Social security benefits information
- Insurance info (car, home, life, long-term care) with policies and phone numbers
- Bank and account information
- Investment income
- Copy of the most recent income tax return
- Location of most up-to-date will with original signatures
- Liabilities, including what’s owned and when payment is due
- Mortgages/debts, how and when they’re paid
- Original deed of trust for home
- Car title and registration
- Credit and debit card numbers and names
- Safe deposit box and key number
If you’re looking for a place to keep all of these, let us know. We’re happy to offer LawSafe memberships for a reasonable rate to help keep track of all the not-so-little things that your loved ones may need if there is an emergency or end-of-life event.
4. Talk with Your Loved Ones
Once you have everything in one place, tell your loved one where to find your information. Be sure to also tell your loved ones about your plans – you don’t want your family to find out after the fact that you’ve selected someone they don’t know as your Personal Representative!
You can also let your doctor know about advance care plans, and, if applicable, give your doctor permission to discuss your care with your family.
5. Review Plans Regularly and Update
Once you’ve done all the hard work (it takes time getting all that paperwork together), be sure to review your plans annually. If you’ve had a major change happen, you should consider revisiting your plans as well, to make any necessary updates.
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It takes time to get your affairs in order, but it is such a relief to your loved ones when they don’t have to worry about what your wishes are. In fact, this could be your masterpiece! If you’d like to get updates like this one on a regular basis, sign up for our newsletter!
by April Harris Jackson | Jan 14, 2025 | Family, Probate
If you’re reading this, you might be facing the loss of a loved one and the process of trying to figure out what happens or what to do with their belongings. It’s a journey I’ve been through myself, and while it can feel overwhelming, I’m here to walk you through it step by step. This guide will help you understand if probate is necessary, how it unfolds in Tennessee, and what to consider when hiring a probate attorney. Let’s tackle this together.
What is Probate?
Probate is essentially a legal roadmap for transferring property that belongs to a deceased person into the name of a living person, often a relative, through the court system. While many people can avoid probate by using estate planning tools, it’s not always possible. Under very specific circumstances, it is a good idea to go through probate!
Does My Loved One’s Estate Require Probate?
Not every estate needs to go through probate. If your loved one had a funded living trust, or if their assets were held in joint tenancy or had designated beneficiaries, you might be able to bypass probate. However, if they owned assets solely in their name without a beneficiary designation, probate will likely be necessary. It’s a good idea to review the asset structure your loved one had in place to determine the best course of action.
If you aren’t sure what your loved one owned at the time of their death, it is a good idea to reach out to an attorney. Our attorneys at Graceful Aging Legal Services, PLLC can run a search to find out where assets might be held and if there are any likely outstanding bills. In the meantime, you will want to collect any mail that comes to the deceased to see if you can locate any assets.
The Probate Process in Tennessee
In Tennessee, the probate process begins by filing a petition with the county court where your loved one lived. The court will appoint a Personal Representative (often named as executor if there is a will) to oversee the estate. The Personal Representative plays a crucial role in ensuring that each step is completed accurately and in compliance with state laws.
We like to explain it the Personal Representative’s job as a three-step process:
- Gather assets. This includes anything that is owned individually by the deceased person, including personal property from their residence, money in bank accounts, vehicles, and more. The Personal Representative (also called an “Executor”) will make an inventory of what your loved one owned so that everyone can be aware of what is in the estate. It’s important to remember that even if you are listed as the executor in a Will, you do not have any authority until the court officially appoints you. The Personal Representative will open an estate account with an FDIC insured financial institution in order to deposit assets as they are collected or proceeds from things that are sold.
- Pay costs and creditors. In Tennessee, there is a specific formula for how probate estate funds are applied to expenses and debts. First, the costs of administration are paid. This includes all court costs, attorney fees, and other fees like storage or shipping. Second, funeral expenses can be paid. Third, any taxes or government claims are paid, including TennCare. Last, any debts that are filed against the estate and validated by the court are payable to those creditors. These are usually things like final medical expenses or credit cards.
- Distribute to inheritors. Once all of the deceased’s assets are gathered and costs and creditors are paid, the Personal Representative will know what the final balance of the estate account is. In some cases, there isn’t enough money in the estate to pay all of the bills, and that should be discussed with the estate attorney. Otherwise, it’s time for what everyone has been waiting for- getting their money! The Personal Representative will divide the remaining balance into shares based on the Will or the law and distribute those amounts to those who inherit. The estate attorney will work with the Personal Representative and inheritors to collect statements that everyone has received their share, or if that cannot be done, to complete an accounting of the estate. Once all the paperwork is completed by the Personal Representative and inheritors, the estate attorney will ask the Court to close the probate estate.
Duration and Costs of Probate in Tennessee
The timeline for probate can vary widely, typically ranging from six months to over a year, depending on the estate’s complexity and any disputes that might arise. As for costs, these can include court fees, attorney fees, and executor fees, all of which depend on the size and intricacy of the estate. It’s important to budget for these expenses as they can add up quickly.
In most counties, just filing probate is $300-500. So if you can avoid probate while getting your loved one’s assets distributed appropriately, it’s a good idea. Most attorneys charge hourly for probate work, which can add up quickly. However, the estate attorney should have efficient processes to keep the costs as low as they reasonably can.
You can help the estate attorney by turning in all of your paperwork on time, replying to their questions, and helping to get documents signed by any other inheritors. We like to say that the more families delay or fight, the more money probate lawyers make. While differences are normal in families, remember that the more time an attorney spends dealing with disputes, the more money they make and less money is available to the inheritors.
Choosing a Probate Attorney in Tennessee
Finding the right probate attorney is like choosing a trusted partner for this journey. You’ll want someone experienced, transparent about their fee structure, and communicative. It’s essential that they’re approachable and willing to provide regular updates. If you have friends or family who have been through the process, ask them for recommendations. Check out google reviews and check the Board of Professional Responsibility’s attorney search to make sure an attorney is licensed and in good standing before you sign an agreement for them to handle your case.
Conclusion:
Probate can feel daunting, but with the right knowledge and support, you can manage your loved one’s estate with confidence and care. Remember, you’re not alone in this process. With a reliable attorney and a clear understanding of the steps involved, you can honor your loved one’s wishes and ensure their estate is handled with the respect it deserves.
If you have questions about transferring the assets of your deceased loved one, we’re here to help. Feel free to reach out to us for more information about your specific situation.
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