Expert Probate Administration
Compassionate assistance for estate administration.
Handling Estate Matters
Probate law governs the legal process of administering a person's estate after their passing. This involves validating the will, paying debts, and distributing assets to heirs.
After the death of a loved one, the last thing you will want to do is have the stress of probating an estate. Many think that probate is a bad thing. Not necessarily. Most estates that go through the probate process are complete in about a year or less. Multimillion dollar estates are the ones that are complicated and take years to unravel.
Probate is simply validating a decedent’s Last Will and Testament so that their debts can be settled and assets distributed.
If the decedent died with a Last Will and Testament, the individual is said to have died testate.
If the decedent died without a Last Will and Testament, he is said to have died intestate.
For a testate or intestate estate, you need to hire a lawyer to navigate the complexities of probate law.
If the decedent had a will, a petition to probate the Will must be filed. The Court reviews the documents, as well as the Will. If all is satisfactory, the Will is admitted to Probate.
If the decedent died without a Will, a petition must be filed. At a hearing, the court will find that there is no Last Will and Testament left by the decedent and open and estate.
In both cases, a personal representative, a.k.a. executor, or administrator will be appointed.
It is the job of the personal representative to gather the assets and determine if there is unpaid debt.
Whatever your situation is, Ms. Blair and her staff are ready to assist you.
DISCLAIMER: THIS IS INTENDED TO GIVE YOU A GENERAL OVERVIEW OF THE PROBATE PROCESS. IT IS NOT LEGAL ADVICE AND NOT INTENDED TO BE LEGAL ADVICE.
The Benefit of Legal Counsel
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Streamlining the Process
An attorney simplifies the administration process by handling court filings and legal timelines to reduce your burden.
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Ensuring Proper Distribution
A lawyer makes sure all estate assets and debts are handled correctly, following legal requirements and the decedent's wishes.
Please download and complete the form and forward to paula@blairlawpllc.net
Conservatorship & Guardianship
If an adult or an individual with a disability cannot make decisions for themselves, the court can legally appoint someone to make the decisions for them. That person is called a conservator.
To obtain a conservatorship, a petition must be filed in a court with jurisdiction.
The person filing the petition is the “Petitioner.” The individual with the disability or incapacity is called the “Ward.”
A physician’s affidavit must be filed as proof of a mental illness, developmental disability, or other mental or physical incapacity. The physician’s affidavit must state that a conservator is necessary for the welfare of the ward.
After a petition is filed, a guardian ad litem is appointed by the court. A guardian ad litem is another lawyer who investigates the facts of the case, reviews medical records, meets with the proposed conservator and the ward. The guardian ad litem can also review the ward’s financial records. The guardian ad litem makes a report to the court and either recommends that a conservatorship be put in place and the approval of the perspective conservator. Sometimes the court, on recommendation of the guardian ad litem will place limitations on the authority of the conservator. For example, a conservator may be appointed to oversee the care of the ward, but not the ward’s property.
Tennessee law requires that the conservator file an inventory of the ward’s property and submit a property management plan. Depending on the value of the inventory, a bond might be set. It is imperative that the conservator keep records of receipts and disbursements because an accounting is required to be filed every year.
If the disabled individual is turning 18 years of age, the court will often waive a guardian ad litem. After the appointment of conservator, the court will often waive inventory, property management plan, and accounting unless the ward has assets that must be managed.
Simply put, guardianship is typically put in place for a minor lacking parental care. A guardian may be appointed, after a petition is filed, to oversee money inherited by a minor or insurance proceeds.
Please download and complete the form and forward to paula@blairlawpllc.net