Nashville Probate, Will, and Conservatorship Lawyer
Our Probate and Estate Attorney Expertly Handles Cases in Chatham, Davidson County, Montgomery County, Sumner County, Robertson County, Williamson County, Wilson County, and Throughout Middle Tennessee
Family law can be complex, but the Tennessee legal code is designed to preserve the rights and ensure the freedoms and well-being of all state residents. This applies to the probate process, wills, and conservatorships, which is when legal action is taken to protect, care for, or ensure the best interests of a loved one. 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 manage their estates, and will and probate proceedings, and we can help you navigate the law while preserving your rights and interests along the way. Contact us today to learn more.
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 Family 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 the court for a conservatorship so that they can manage that person’s estate, finances, and other life decisions on their behalf.
Other decisions that an appointed 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 for a free case evaluation.
Our Probate and Estate Attorneys Can Provide Invaluable Assistance for Family Law Cases
Probate 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.
Succession can be used under Tennessee law to settle the estate of someone who has passed away. 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.
The first step is to submit a petition to the court requesting it to open probate. The court will appoint a personal representative or an executor 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 executor 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. A final tax return will be filled for and paid by the estate, after which all of the remaining funds and assets will be distributed to the decedent’s heirs after which probate and succession will be closed.
Contact Our Dedicated Nashville Probate, Will, and Conservatorship Lawyer Today
Probate and will 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 family law issues. Contact us today for a private, no-obligation case evaluation.
Frequently Asked Questions About Probate and Estate Proceedings in Tennessee
Yes. However, you can avoid probate with effective estate planning. This is the process of establishing a trust and/or will that can help your family avoid probate without getting the courts involved. Estate planning can also help you avoid the many issues that can arise when someone dies without a will.
It varies from case to case based on the size of the decedent’s estate, the number of inheritors, the nature of the deceased’s assets, and whether there are any outstanding debts or contentions between the inheritors. However, on average, you can expect probate and estate disbursement proceedings to take between six and twelve 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.