Nashville Probate, Will, and Conservatorship Lawyer
Our Probate and Estate Attorney Professionally Handles Cases in Cheatham County, Davidson County, Montgomery County, Sumner County, Robertson County, Williamson County, Wilson County, Rutherford County and Throughout Middle Tennessee
Probate law can be complex, but the Tennessee legal code is designed to protect the rights of all parties involved in an estate matter. This applies to the probate process, Wills, and conservatorships. If you have legal questions or are involved in any of the proceedings mentioned above, contact Brighter DaySM Law’s Nashville probate, Will, and conservatorship lawyer today. Our probate and estate attorney has helped countless families in Tennessee draft Wills, manage the estates of their loved ones, assist with loved ones who are unable to manage their own property, and we can help you navigate the law while preserving your rights and interests along the way. Contact us today to schedule a case evaluation.
Table of Contents
- Establishing, Ending, or Managing a Conservatorship with Our Nashville Probate, Will, and Conservatorship Lawyer
- Our Probate and Estate Attorneys Can Provide Invaluable Assistance for Probate Law Cases
- Contact Our Dedicated Nashville Probate, Will, and Conservatorship Lawyer Today
- Frequently Asked Questions About Probate and Estate Proceedings in Tennessee
Establishing, Ending, or Managing a Conservatorship with Our Nashville Probate, Will, and Conservatorship Lawyer
You may need formal permission to manage the affairs of a disabled loved one who is ill, disabled, or incompetent. In the absence of a Power of Attorney or another document that nominates someone to perform this important role, a conservatorship can help. A conservatorship is when an individual or entity is appointed to make decisions that are in the best interests of the disabled, ill, or incompetent person. This can include medical decisions, personal decisions, and/or financial decisions.
Tennessee law defines someone who requires assistance or protection because of mental or physical illnesses, developmental disabilities, or other types of incapacities as disabled. For example, if a person suffers an injury or illness that renders them unable to make decisions for themselves, then a loved one may request that the court appoint them as conservator so that they can manage that person’s estate, finances, and other life decisions on their behalf.
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Other decisions that a conservator can make include executing legal documents, managing finances, paying bills, purchasing and disposing of property on the person’s behalf, defending against and initiating lawsuits, providing consent for medical treatments, and applying for and managing government benefits or services such as pensions, Social Security benefits, or Veteran’s benefits.
A conservatorship can be dissolved or voided if the disabled individual submits a petition to the court orally or in writing. The court Will then conduct a hearing to determine if the petition should be dismissed, if the conservator should be removed and/or the original order should be dissolved, or if the conservator should be replaced with a successor. The original conservatorship order can also be modified and the court can also grant other forms of relief that it deems appropriate.
For assistance with any of these complex matters, the Nashville probate, Will, and conservatorship lawyer with Brighter DaySM Law can help, so do not hesitate to contact us to schedule a case evaluation.
Our Probate and Estate Attorneys Can Provide Invaluable Assistance for Probate Law Cases
Probating an estate is the process of distributing inheritances, transferring the ownership of assets, managing debts and finances, and closing out the estate of someone who has died. These important tasks are typically managed by probate and estate attorneys. Probate is an important legal concept that ensures that the wishes of the decedent – who is the person who passed away – are carried out and that everyone who has any legal rights or claims to the decedent’s estate is treated fairly.
Intestate succession is the process used under Tennessee law to settle the estate of someone who has passed away but did not leave a Will. There are very specific guidelines and deadlines for this process, so be sure to speak with our Nashville probate, Will, and conservatorship lawyer to make sure you thoroughly complete all of the required steps by their designated deadlines.
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The first step is to submit a petition to the court requesting it to open an estate. The court will appoint a personal representative of the estate who will notify all of the decedent’s heirs about probate and will publish notices of probate proceedings for the public so that creditors, for example, can be part of the process and have the decedent’s debts cleared.
The personal representative will also be tasked with inventorying all of the decedent’s assets and will appraise their value, after which the debts of the estate can be paid via a court-approved sale of those assets. Sometimes, other professionals need to be hired, such as bookkeepers, tax professionals, auctioneers, or appraisers. A final tax return will be filed and paid by the estate, after which all of the remaining funds and assets will be distributed to the decedent’s heirs so that the estate can be closed.
Contact Our Dedicated Nashville Probate, Will, and Conservatorship Lawyer Today
Probate and estate proceedings may take place while you are still grieving the loss of a loved one, but they are important processes that should not be delayed. Our compassionate team of probate and estate attorneys has helped countless families all across Tennessee with family law cases of every type, and we have the skills, experience, and legal knowledge required to swiftly, efficiently, and fairly manage all of your probate law issues. Contact us today to schedule a case evaluation.
Frequently Asked Questions About Probate and Estate Proceedings in Tennessee
It varies from case to case based on the size of the decedent’s estate, the number of heirs, the nature of the deceased’s assets, and whether there are any outstanding debts or contentions between the heirs. However, on average, you can expect probate and estate disbursement proceedings to take between six and eighteen months. During this time, our Nashville probate, Will, and conservatorship lawyer will work closely with you to make sure every contingency is covered and that everyone is compensated and taken care of within the limits prescribed by law so be sure to speak with our probate and estate attorney before moving forward with estate planning, establishing or dissolving a conservatorship, or filing other legal proceedings pertaining to probate or Wills.