A Fresh Approach to Law

Nashville Probate Attorney

Assistance with Navigating Probate in Tennessee

When a person dies, their estate generally must pass through probate. This applies whether they die with or without a will. During probate, assets are gathered, documented, and distributed to creditors and beneficiaries. This can be a difficult process in an already emotionally challenging time, so it is important to reach out to a probate lawyer for assistance. Our Nashville attorneys at Upkins Law are prepared to answer your most pressing probate questions.

For a free consultation on your probate matter, reach out to Upkins Law at (615) 235-1991.

Assets that Avoid Probate

Many people seek to avoid probate, as it can present a considerable expense and source of stress for surviving family members. In the state of Tennessee, there are several assets that automatically avoid the probate process, including:

  • Life insurance
  • Retirement accounts
  • Payable on Death, or POD, accounts
  • Registered assets in a Transfer on Death, or TOD, form
  • Property held in joint tenancy or in tenancy by the entirety

For any assets that don't fall under these categories, those planning their estates have the options to create a living trust. Additionally, estates with a total value less than $50,000, not counting real estate, qualify for a simplified asset distribution procedure as an alternative to probate.

Our Nashville probate lawyers can help you with setting up a living trust in addition to other options to protect your assets from probate.

Tennessee Probate Proceedings

The probate process generally starts with authenticating the last will and testament, if there was one left by the deceased person. Estates without a will are considered "intestate" and the assets within the estate are distributed by the Tennessee courts.

Next, the courts will appoint an executor for the estate. The responsibilities of the executor include, but are not limited to:

  • Locating estate assets
  • Notifying creditors and paying debts
  • Filing tax returns and paying tax due from the estate's funds
  • Distributing assets to beneficiaries

Issues can come up when there is a disagreement between the executor and beneficiaries on the handling of the estate, especially with the distribution of assets. Whether you are an executor or beneficiary, it is important to consult with an attorney throughout the probate process to ensure your rights are protected.

Resolving Complex Probate Matters and Disputes

If you are an executor or administrator of an estate, we can help you with fulfilling your duties and comply with state and federal requirements. If you are a beneficiary to an estate in probate, our attorneys can also help you understand your rights and represent you if required. We can assist with complicated probate situations involving blended families, executor appointment and fee disagreements, guardianship disputes, and other issues.

Will contests and disputes can sometimes further complicate the probate process. Whether you're disputing a will or an executor facing a will contest, our attorneys can represent you through negotiation and litigation to resolve the dispute while protecting your best interests.

Retain Our Probate Lawyers in Nashville, TN

Upkins Law can provide the skilled representation you need during probate or in developing an estate plan that will help you avoid probate. Our singular focus is to identify your needs and help develop a constructive, strategic approach to handling your estate.

Don't struggle with the probate process alone. Call our office in Nashville, TN at (615) 235-1991 for experienced probate counsel.

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