Franklin Probate Administration Lawyer

Franklin Probate Administration Attorney

If you have recently experienced the loss of a loved one, worrying about the financial security of their estate or the legal matters to come may be the last thing on your mind. Facing probate can be an overwhelming and uncertain experience. During this time, a skilled Franklin probate administration lawyer can come alongside you and your loved ones and guide you through the court proceedings that come with probate administration.

In the state of Tennessee, the probate process can be complex as it passes through the required court proceedings, and the deceased’s estate is administered. Though probate works to ensure the final wishes of the deceased are honored, the administration of these proceedings can be complex and could take several months to years to complete. Hiring a skilled probate lawyer like Shanone Emmack can help this process run smoother and more efficiently.

What Is Probate Administration in Tennessee?

There are several steps involved in the probate administration process in Tennessee. It can involve the gathering of all assets owned by the deceased individual, paying off all debts owed by the deceased’s estate, and distributing the remaining assets amongst the estate’s heirs and beneficiaries. The Tennessee probate court oversees probate litigation case to ensure everything is done correctly.

In probate administration, there are several factors involved that can complicate the case and cause the administration to take longer if handled incorrectly. These factors can include:

• The Responsibilities of All Executors or Administrators: If there is a will, the executor of the estate is responsible for handling all management of the estate through the probate process. If there is no will, the court will appoint an administrator. Their responsibilities will include making an inventory of all assets owned by the estate, notifying any creditors, paying all taxes or debts owed by the estate, and distributing assets.
• Handling All Debts: One of the most important tasks in probate administration is to ensure all debts owed by the deceased and their estate are settled. Any creditors must be notified of the individual’s passing and all valid debts must be paid and settled before any of the estate’s assets can be distributed amongst the rightful heirs or beneficiaries. This is an important step and an attorney can assist in ensuring it is handled correctly.
• Asset Distribution: Once all debts have been settled, the executor or administrator of the estate can take on the responsibility of distributing the estate’s remaining assets amongst the beneficiaries according to the deceased’s wishes. If there is a will, this must be done in accordance with what it stipulates. If there is no will, the distribution should be in accordance with Tennessee intestate succession law.

Every probate process is unique, and the administration of each estate comes with its own specific complexities and nuances. Having an attorney who understands your unique situation is paramount to the success of your case. In cases where there are disputes over the validity of a will or the distribution of assets, trust litigation may become necessary. Whether you’re facing contested wills, trust disagreements, or disputes among beneficiaries, working with a skilled attorney can help navigate the complexities of trust litigation and ensure your interests are protected throughout the probate process.

Emmack Probate and Estate Law Group: Protecting Your Legacy in Tennessee Probate

At Emmack Probate and Estate Law Group, Shanone Emmack has over a decade of experience representing clients facing a litany of estate planning legal proceedings, including probate administration. She works hard to diligently protect the legacy of her clients and their loved ones. When you hire Shanone Emmack, you can rest assured knowing you have the right person in your corner to help you through these complex proceedings.

She can assist individuals in completing and filing the necessary paperwork associated with probate administration. She can also help guide the administrator, handle any disputes that may arise between the individuals involved, and advise individuals on any tax matters regarding probate and the estate law in Franklin.

FAQs

How Much Does a Probate Lawyer Cost in Tennessee?

The cost of a probate lawyer in Tennessee can vary depending on several different factors. One of the most influential factors is the size of the estate. Generally speaking, the larger the estate, the more complicated the probate process can become.

Other important factors to consider are the location and experience level of the attorney. Finally, you should consider the attorney’s fee structure. Some attorneys may charge an hourly fee, and some may charge a flat fee for their services.

What Assets Do Not Have to Go Through Probate in Tennessee?

There are several assets that may not have to pass through probate in Tennessee. These assets typically include proceeds from life insurance, living trust assets, payable on death bank accounts, retirement accounts, property held in joint tenancy, property held in the tenancy by entirety, and assets registered on a transfer on death form. An experienced probate administration lawyer can help you identify what assets may not be subject to probate in Tennessee.

Who Can Be Named an Administrator of an Estate in Tennessee?

If there is no will and no one is named as executor of the estate, the court will appoint an administrator to oversee the estate through the probate process. Generally, the spouse or other relatives of the deceased can request to be appointed as the administrator. If more than one individual requests being appointed, Shanone Emmack can work to have her client appointed.

Can the Probate Process Be Avoided in Tennessee?

Yes, there is the possibility of avoiding the probate process in Tennessee through careful and crucial estate planning steps. To do this successfully it is important that an estate planning law firm, such as Emmack Probate and Estate Law Group, is hired to ensure everything is done correctly. With the right attorney on your side, you have a better chance of avoiding the probate process.

Get Legal Support from Shanone Emmack for Trust Litigation Matters

It can be challenging to untangle the complexities involved in the probate process. The need for a lawyer can be critical to the success of a probate case. With the assistance of Shanone Emmack, the wishes of your deceased loved one can be honored, whether a will is in place or not. Contact Emmack Probate and Estate Law Group today to schedule a consultation and learn more about how they can help you and your family during this difficult time.