Probate

February 25, 2014

Tennessee Probate Options

Working as a Tennessee probate attorney, I get calls every day from people asking whether or not their loved one’s estate will have to go through probate court. Probate court is the court that oversees the payment of any debts and the transferring of a person’s assets after a person’s death. Like so many things in the legal field, determining whether an estate needs to be probated depends on a number of factors. Each person’s estate is different and is comprised of different types of assets. Thankfully Tennessee offers different options for those estates of varying sizes and types.

Only Certain Assets Are Probate Assets

Only certain assets are required to go through some type of probate administration. Generally, only those assets that the decedent had in his or her name alone are required to go through some probate administration. If the asset has a listed beneficiary, is owned jointly with another person, or has a transferrable on death designation, the asset is not required to go through probate court as it transfers immediately upon a person’s death.

October 15, 2013

Are Family Members Liable for Probate Debts?

by Ryan Simmons

When someone passes away, it obviously can be a very difficult time. You may have so many things to worry about that any task can seem like it requires enormous effort. One of the last things that you want is calls from any debt collectors attempting to collect from your loved one’s estate. Although certain family members may be contacted by debt collectors, typically the family is guarded from any unfair or deceptive practices.

Whenever an estate is opened, the estate is usually responsible for paying any of the debts that the deceased person may have had. The person appointed personal representative acts to handle the affairs of the deceased person. Upon paying all of the debts out of the estate, the remaining assets are then distributed according to the will or according to Tennessee’s intestate statutes if there was not a will. However, if the estate does not have enough funds to pay off the debt, the debts of the deceased could go unpaid. If there was a cosigner or guarantor of the debt, they may be contacted to pay off the debt. In addition, if any debts were jointly held with a spouse, they too may be contacted to pay off the debt. Otherwise, debts may go unpaid leaving debt collectors who may try to recover from whomever.

Debt collectors are allowed to contact only certain people to discuss the debts. Those people may include the personal representative of the estate, the decedent’s spouse, or the decedent’s parents if the decedent was a minor. Debt collectors are not allowed to discuss the debt with anyone else. The only reason debt collectors may contact other family members is to acquire the name of the personal representative or the spouse. However, the collectors may not say anything else to other family members or even state that they are indeed debt collectors. In addition, debt collectors are not allowed to mislead the family into believing that they are responsible for the debts of the deceased. Also, debt collectors are not allowed to use either abusive or offensive language.

September 17, 2013

Explaining the Probate Process in Tennessee

by Ryan Simmons

Probate has almost become a scary or intimidating word to so many. You may have heard some horror story as it relates to the probate process. However, it’s important to know that the probate process can be much easier with the help of a good attorney. You can rest easy knowing that the Tennessee probate attorneys at The Higgins Firm will be helping you on your case. Our goal is to make the probate process simple, efficient, and stress-free for you. We understand that you have been through a difficult time. For that reason we try to make it as easy as possible on our clients.

To make it easier on our clients, we offer a flat fee structure, so that you know exactly how much you’ll be charged up front. Our clients don’t have to worry about hourly fees piling up creating a huge bill. Also at The Higgins Firm, we offer specialized probate attorneys. Their main focus is to help you with your probate matters. Recently, attorney Jim Higgins was interviewed about the probate process in Tennessee. You can learn more about the probate process and how The Higgins Firm can help you below.

August 27, 2013

Expedited Probate Docket Announced for Davidson County Probate Court

by The Higgins Firm

There is good news for those who may be worried about having to go through the probate process in Tennessee. Certain types of probate cases in Davidson County just got their own fast track as a means to speed up the probate process in the courts. Davidson County Trial Courts recently approved the establishment of an expedited probate docket. The courts also established Special Probate Masters to preside over the newly established expedited dockets. This expedited probate docket started earlier this month on August 16.

Many people may have negative thoughts whenever the word “probate” is merely mentioned. Probate has notoriously been thought of as a long and slow process by many. While there are not any typical timelines with probate cases, some cases can end up lasting years. Because of that fact, an expedited probate docket is welcome to many who may have to utilize the probate court system.

You may be wondering what types of probate cases will be using the expedited docket. The appointed Special Probate Masters will hear uncontested probate matters which include any name change petitions, small estate administrative proceedings, petitions to administer intestate estates, petition to probate wills, codicils, or other testamentary instruments. Davidson County Probate Court handles more uncontested probate matters than any other court in Tennessee.

August 13, 2013

Protect Your Family and Your Estate with these Three Essential Documents

by The Higgins Firm

As a Tennessee Probate Lawyer I have learned over the years that some simple planning can really save families from a lot of unnecessary stress and costs. I will admit, having a Last Will and Testament or a Power of Attorney drafted doesn’t sound like a ton of fun but it really is easy and relatively inexpensive. It is just one of those things that we all tend to put off. Well don’t! Get it done and your family will thank you. Recently, I gave an interview about the importance of some simple estate planning. You can watch the interview below.

July 17, 2013

Being Named Personal Representative of an Estate

by The Higgins Firm

So you have just been appointed to be the personal representative of an estate? You may be wondering, “What in the world is that, and what do I do?” There’s no need to worry. We will outline what a personal representative is exactly and what duties that they have.

A personal representative, also known as an executor/executrix or administrator in some jurisdictions, manages the affairs of a person’s estate upon their death. There are certain duties that the personal representative must adhere to as apart of the position. Specifically, the personal representative has fiduciary duties that he or she must follow. While these duties do not require absolute perfection in the administration of the estate, it does demand absolute loyalty, honesty, and disclosure. Breaching these duties may result in the personal representative being held personally responsible for any damages or losses from the breach.

Acting as a personal representative requires a duty of loyalty to the estate and its beneficiaries. You are required to act in the interests of the estate. Any type of self-dealing that hurts the estate is prohibited. You also have the duty to act prudently as a personal representative. In other words, you must exercise reasonable care and administer the estate in a diligent manner. You should not place the assets in high-risk investments.