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Probate Lawyers and Attorneys in Nashville, TN
Probate is the process for distributing the assets of someone who has died, either according to the will that the deceased left, or, where there is no will, according to the Tennessee law of intestate succession. Before assets from an estate can be divided and disbursed, a personal representative or executor of an estate must fulfill some important obligations and prove to the court that these obligations have been met. Probate is the process by which the executor or personal representative is named, and therefore given the ability to perform these duties. These duties can include paying taxes, obtaining appraisals of assets, notifying creditors about the death, informing heirs about the death, and then distributing the assets, property, and valuables remaining after all claims on the estate have been properly handled. The process is straightforward in Tennessee, and especially in Nashville where the docket is not overwhelmed and the judge and his staff are very efficient. Despite this, many practical matters must be handled before the estate can be closed. In order to ensure that the process moves along smoothly, many individuals choose to seek the help of a probate lawyer. Even though the process is straightforward, it is not something that a lay person should attempt without a lawyer. Quite simply, you can get into a lot of trouble by making mistakes in this area. For instance, all debts must be properly handled and paid in a manner approved by the court before any assets can be transferred to beneficiaries. Taxes must also be paid. Property must be properly appraised. Obtaining estimates can be problematic, especially in cases where there are multiple heirs. In general, a probate lawyer can ensure that the probate process is followed in accordance with the law. A skilled probate lawyer can ensure that the paperwork you file is complete and accurate, allowing for the process to go smoothly in court.
Some documents that may be required include:
• Affidavit stating that Medicaid (TennCare) has been properly notified.
• Waiver from TennCare stating that no money is due
• Proof that all claims against the estate have been paid or that a successful objection was made.
• Proof that beneficiaries and heirs have been notified about the probate proceeding and are aware of the hearing date.
• Proof that heirs received the proper amount .
• An order to close the estate.
At Elder Law of Nashville PLC, we can help you navigate the process of probate by filing the appropriate documents, helping you open the estate account, helping you notify and pay creditors, helping you transfer the assets appropriately, and closing the estate in a timely way.
We understand that the probate process in Nashville can be stressful for grieving family members. Mourning the loss of a loved one while dealing with court processes can be overwhelming, even for individuals who are aware of their responsibilities with regards to probate. We offer compassionate and skilled legal counsel to help you manage the probate process effectively and efficiently.
Contact us if you need help in this area!
To speak with an experienced probate lawyer in Nashville, call our offices at 615-852-5602 today.