Protecting An Estate After Death With Sevierville Probate Guidance
When a person dies, all their assets must be transferred to another person or distributed to their heirs. This process is called probate or estate administration. If you are the estate administrator for a loved one’s property, it can be beneficial to work with an experienced Sevierville probate attorney. The probate process has numerous deadlines and requires various papers to be submitted. Focusing on timelines and detailed paperwork is hard in the best of circumstances and can be especially challenging after the death of a family member or friend. Let our family of attorneys guide your family through this difficult time.
White & White, Attorneys at Law, has more than 10 years of experience helping individuals throughout Sevier County, Knox County, Blount County and the surrounding counties in Eastern Tennessee find the legal solutions they need. We are ready to take a compassionate approach and offer skilled legal representation to help your family achieve a resolution.
When You Need Help Handling Estate Tax And Other Complicated Issues
Many people have a general understanding of what happens in probate, but they are uncertain about the specifics and typically do not have the legal background to protect their best interests. Attorney Sue White answers the questions individuals have about dividing assets that are not specifically addressed in the will. She also works closely with family members to create a plan that protects the finances of the estate, taking death and estate taxes into consideration. Sue also works with family members to:
- Pay bills immediately
- Identify and distribute assets
- Notify creditors of the death
- File inheritance tax returns, if applicable
- Obtain TennCare Release, if applicable
Additionally, White & White, Attorneys at Law, represents individuals involved in various types of probate disputes. These disputes can involve will contests or conflicts over asset ownership. Our attorneys represent people who are bringing claims as well as those requiring defense against a claim.
Common Concerns In Tennessee Probate And Estate Administration
Our family of probate lawyers has decades of combined experience advising executors and administrators through every step of estate administration in Sevierville and throughout Eastern Tennessee. Proper estate planning can significantly simplify many of these post-death procedures. Below, we have answered some of the most frequent questions we receive to help you understand your obligations and rights during this sensitive time.
What is the difference between an executor and an administrator?
The individual named in the decedent’s Will to manage the estate is known as the Executor. If there is no valid will or if the named executor declines the role, the court will appoint an administrator. Both roles are fiduciaries, meaning they are legally obligated to manage and settle the estate according to Tennessee law.
Is it possible to avoid the probate process entirely in Tennessee?
Formal probate may not be required for every estate. Assets that pass via contract, such as those with Transfer-on-Death (TOD) or Payable-on-Death (POD) designations, bypass the court process. Additionally, property held jointly with rights of survivorship passes directly to the surviving owner.
What happens if a family member contests the will?
A will contest is a formal legal objection to the validity of the will, usually alleging lack of capacity or undue influence. These disputes are resolved through estate litigation and can halt the distribution of assets. A contested will requires judicial determination before the estate administration can proceed.
How long does the probate process typically take in Sevier County?
A minimum of six months is generally required for the probate process in Tennessee. This mandated period allows any creditors to file claims against the estate. The total time frame for estate administration depends on the complexity of the assets and whether any disputes arise.
Schedule Your Free Consultation Today
Regardless of what step of the probate process you are at, an experienced lawyer can help ensure things continue moving smoothly. Learn more about the legal counsel available by scheduling a free initial consultation. White & White, Attorneys at Law, can be reached online or by calling 865-622-7768.