Nashville Probate Lawyer

Nashville Probate Attorney

Probate is the court-supervised process of administering and distributing a deceased person’s estate according to their will or to state laws. For loved ones dealing with a difficult loss, the probate process is often confusing and frustrating. A skilled Nashville probate lawyer can help ease this process, providing legal services like guidance through estate administration or managing disputes and contests.

A badly managed probate process can take a long time to resolve. This can leave heirs or beneficiaries without their rightful assets for much longer than necessary. It also increases the court costs of the probate process. It is important for the financial and emotional well-being of families to resolve probate as soon as possible.

Legal Support in Probate Administration and Contests

When you are facing probate administration and other complex issues in probate court, it can feel overwhelming. Legal support can help you, but it is crucial that you work with a professional with years of background and experience in probate court in Nashville. Emmack Probate and Estate Law Group has nearly a decade of legal experience, with years of work in complex probate court cases.

Attorney Shanone Emmack can help appointed executors and personal representatives in the administration of the estate. This is a role with significant responsibility and expectations. Having an attorney by your side gives you guidance and necessary legal information. Shanone Emmack can also help if there are disputes in the process of probate or how the estate is being administered. She understands the nuanced process of probate and how to support or defend against will contests.

In such a difficult situation, compassionate and knowledgeable legal care is essential. Attorney Shanone Emmack can help you and your family manage the process of probate more successfully and help uphold your loved one’s wishes.

Understanding Probate in Nashville

When a deceased person’s estate passes into probate court, the probate court will determine if the will is valid and give the named executor authority to administer the estate. If the deceased did not have a will, or the will is deemed invalid, then the court will appoint an administrator to manage the estate. Administering an estate includes satisfying the estate’s debts, expenses, and other affairs before distributing it to the heirs by law or the beneficiaries named in the will.

Probate only affects assets that are solely held in the deceased’s name. Not all assets are probatable, including:

• Property that is jointly owned with another person, including joint tenancy and tenancy by entirety
• Assets in a revocable or irrevocable trust
• Assets and accounts with their own beneficiary designations, including transfer on death and pay on death designations

With the use of one or more trusts in a comprehensive estate plan, individuals can keep most or all of their assets out of probate. Their debts must still be paid, but the process of administering the estate is more private and efficient.

The Process of Probate Estate Administration

The time it takes to complete the probate process for an estate will rely on how complex the estate is, whether there are disputes or contests, and the availability of the court, among other factors.

Creditor claims can be submitted either four months after publication of the notice or 60 days after receiving an actual copy of the notice, whichever date is later, or 12 months after the date of death, whichever date comes first. Because of this, probate takes at least as long as creditor claims can still be made. However, it can take much longer due to other complicating factors. The process of probate typically follows the following steps:

1. Filing for probate to open the estate
2. Validating the will, appointing the executor or personal representative for the estate, and determining what assets are subject to probate
3. Providing notice to heirs and beneficiaries
4. Providing proper notice to known and unknown creditors
5. Identifying, inventorying, and appraising the assets and debts of the estate
6. Paying all valid creditor claims and outstanding debts
7. Paying any estate taxes, income taxes, and expenses of the estate
8. Distributing the assets based on a will or intestate succession law
9. Closing the estate once all debts have been paid, assets have been distributed, and accounts have been closed

Navigating these steps can be hard if you are unfamiliar with it, and it is even more difficult as you deal with the grief from losing someone you love. Working with a skilled attorney can help the process of administration go more smoothly.

Do I Need a Probate Lawyer to Administer an Estate in Tennessee?

While you are not legally required to have a probate lawyer to administer an estate in Tennessee, Nashville mandates that you have an attorney to draft the required probate documents which include the petition to open probate, orders and affidavits.

There are many benefits to working with a probate lawyer. A personal representative or executor has a fiduciary duty to the heirs or beneficiaries of the estate, which is a significant responsibility. Failing to fulfill this duty can result in legal consequences. If you are appointed as an executor or representative, an attorney can help you understand your duties, guide you through the probate process, and assist you in fulfilling your fiduciary obligations.

An attorney is especially important if the estate’s assets and debts are complex. A large estate can take a lengthy period of time to resolve in probate without the experience of an attorney. Complex assets may include a business or business interests, real estate, or assets in other countries. An experienced attorney has helped manage many estates, and this experience can help you keep the process as efficient as possible.

Some estates may also be able to avoid probate court, such as through a small estate affidavit. An attorney can help you review all the options for a specific estate under the law to determine the ideal route to distribute the assets and successfully close the estate.

Will Contests in the Probate Process

Will contests lengthen the probate process and create disputes between family members. If a will is unclear or not legally enforceable, will contests are more likely to succeed. Families may have vastly different beliefs about what their loved one intended in their will, especially if the will is unclear or was changed recently before their death. A well-written will and estate plan can help avoid successful will contests.

Contests may be necessary in certain cases. Individuals may have been influenced by others to alter their will prior to their death, have not had the full understanding of their estate when modifying their will or even been defrauded into filing a false will. When there are valid grounds to contest the will, an individual with interest in the estate can do so. To have the ability to file a will contest in Nashville, you must be one of the following:

1. A named beneficiary in the current will, who therefore has an interest in the estate and its administration
2. An heir under intestate law who stands to benefit from the estate if it is administered under succession law
3. A beneficiary named in a prior version of the will who would benefit if that prior version was the last valid will

If you believe your loved one’s wishes are not represented in the will submitted in probate, an attorney can help you navigate a will contest.

However, there are also cases where contests are claimed to be invalid. Heirs or those who felt they should have received more inheritance may contest the will to make probate take longer or in the hope of getting more inheritance. When bad faith claims are made, it is important to defend the will and ensure the deceased’s intended wishes are followed.

If a will is deemed invalid after a will contest, then a prior version of the will is used if it is valid. If there is no valid prior version of the will, then the estate is administered according to intestate law.

Do I Need a Lawyer for Will Contests and Disputes?

In Tennessee, a will contest complicates the process of probate significantly. An attorney can help determine the facts of the situation and look into potential causes for invalidity. Whether you are contesting a will during probate or wish to defend an existing will from another party’s contest, an attorney can help you support your case. You must have the grounds and the standing to contest a will. An attorney can help you determine if you have a valid claim and how to ensure the deceased’s wishes are followed.

Other disputes and litigation can also make probate more complex. Beneficiaries may feel that an executor is not upholding their fiduciary duty, which can lead to serious disputes. Creditors may file against the estate if a valid claim was not honored.

Navigating the Process of Probate with Emmack Probate and Estate Law Group

Probate is a crucial process after the loss of a loved one, but that does not make it easy. Resolving estate administration as soon as possible is frequently beneficial for the financial and emotional well-being of family members. Working with the right attorney can help speed the process along.

Emmack Probate and Estate Law Group provides families and individuals in Tennessee with supportive legal care during the probate process. They provide you with the information you need to successfully protect your loved one’s interests. Whether you are an heir, beneficiary, executor, administrator, or other interested party in an estate, attorney Shanone Emmack can help you address your needs in the probate process with competent and comprehensive legal care. Contact the firm today.