A probate attorney in Nashville will make the process easier.
If you are dealing with an estate that has to go through the probate process in Tennessee, your smartest move is going to be to work with a probate lawyer in Nashville. There are cases where very simple estates will move through fairly easily, but there is still a matter of paperwork, accounting, etc. to consider; and a probate lawyer can save you an incredible amount of time and hassle.
Do your estate in advance to avoid probate
The best way to avoid the need for a probate lawyer in Nashville is to make sure that your estate planning has been done in advance. This means that you’ve set up wills, trusts, and any other applicable legal documents so that those you leave behind won’t have to deal with taking the entire estate through the court system. Trusts, such as a revocable living trust, are one of the most common tools for avoiding probate, but there are some other possible options. I’ve outlined them for you below:
Having a Will does not guarantee you will not go to probate
Some people think that having a Will (also known as a last will and testament) means that your estate will bypass the process. However, any reputable probate lawyer in Nashville will tell you that this isn’t the case. Having a Will is certainly still important, as it provides important directions for the passing of your estate, but it doesn’t get your heirs off the hook when it comes to probate.
Small estates may be able to avoid probate
If the estate is truly a “small” one, then you may be able to avoid probate. This can happen in cases where the only thing left behind is personal property. In these situations, there is no true estate to be inherited. The laws regarding the allowable value of an estate to be considered in this group do change, so it might be helpful to at least chat with a probate lawyer to see if the estate qualifies. If so, the heir may be able to create an affidavit that will work instead of going through probate. There are also some simplified court procedures available to heirs of these very small estates.
*If you are needing to transfer the property and assets of a small estate, we want you to check out our Tennessee Transfer Toolkit. It’s the perfect guide for transferring Tennessee estates that don’t need probate.
Payable-on-death-accounts can be transferred without going through probate
Many banks and other financial institutions allow for accounts to be transferred after death without going through probate. It’s a good idea to discuss your inheritance plan with a Nashville probate lawyer or estate planning attorney to ensure that this is a good option for you. This kind of planning has to be done in advance and should take your entire estate plan into account.
These are just a couple of tools available to those who want to avoid the eventual need for a probate lawyer. If they have not been put into place, or you’re not sure if these rules apply to you, we invite you to schedule a free call with us to see how we can help.
At the end of 2020, Congress approved new stimulus payments for most Americans. Stimulus payments by direct deposit are already going out. The Treasury Department is sending others by check or debit cards in the mail. Under President Biden, we may see more stimulus payments coming as well.
With that in mind, let’s consider those who may have limited income and receive means-tested assistance, such as TennCare or Supplemental Security Income (SSI). Those individuals or their loved ones may be concerned that the additional funds contributed to their bank account may disqualify them from benefits. However, the Social Security Administration has clearly said that stimulus payments do not count as income for means-tested assistance- at least not in the year it is received. For those receiving TennCare, you have twelve months to spend your stimulus payment.
If you care for someone in a facility, the facility may try to claim the stimulus payment on behalf of the patient. This is especially true if the facility is the Representative Payee for the patient’s Social Security check. However, the stimulus payment belongs to the patient, not the facility. It is not part of the patient liability payment for TennCare.
While a facility may request payment for debts owed before a patient received TennCare, they cannot hold stimulus payments hostage. A patient or their legal representative may agree to have the funds held in a patient trust account at the facility.
No matter who holds a stimulus payment, it must be used for the benefit of the recipient. If you care for someone who received one, consider what these funds might be used for to improve their quality of life for the year ahead.
If you have any questions about a nursing home trying to keep your loved one’s stimulus payment, book a call with us now.
Here at GALS Nashville, we try to make things as easy as possible. This is why we enjoy using a remote notary for our clients. It is really easy to immediately get some documents notarized and filed with the clerk’s office. So basically, one smooth action that doesn’t take very much time. And you do not need to print anything either!
How do you notarize documents remotely?
In order to notarize my documents remotely, you must prepare the documents, then sign them electronically, and then notarize them electronically. Once complete you can upload your notarized documents to whoever is needing them. Typically we upload them to the clerk’s website. It is a pretty seamless process, and I am hoping more clients choose to go this way in the future. This process will save you so much time since there’s no coming to the office or finding a bank or UPS store to get your documents notarized.
Remote notarization is secure
All of the security protocols are within the software. I use a software called SIGNiX that’s based out of Chattanooga. They use knowledge-based authentication (KBA), which is required under regulations controlling remote notaries in the state of Tennessee.
Information you must provide in order to use a remote notary application:
Date of Birth
Social Security Number
Some Information from your credit history
Photo ID
What equipment do you need in order to use a remote notary application?
A phone or computer with a webcam
The simplicity of the process makes notarizing documents go so much smoother. It’s amazing how easy it is!
So, if you have something that you need notarized, feel free to contact our office. If you’re a current client and you know you have something that needs to be notarized, feel free to ask us about that. We will probably be approaching you about it anyways.
I hope that more people will start to use remote notary applications in the future. If you have any questions or just want to know more, you can schedule a complimentary call with us here!
We often help people file conservatorships for loved ones. Let’s address the next steps after filing the petition, which is working with the Guardian ad Litem and attending the hearing on your petition.
How long does it take to get a Conservatorship hearing after filing for the petition?
Hearings are usually held between 45 and 60 days after filing your petition.
What does the Guardian ad Litem do?
The Guardian ad Litem is a special attorney appointed by the Court to answer two main questions.
1. Does the person you are trying to establish a conservatorship for really need someone to help them make and carry out decisions?
2. If so, who is the best person to serve as a conservator?
The Guardian ad Litem will file a report with the Court Clerk letting the Judge know what they think at least three days before the hearing.
Make arrangements to attend the Conservatorship petition hearing
On the hearing date, you should plan to attend court. If there are disagreements over whether a conservator is needed or who should serve, make arrangements to take the entire day off work or other obligations. Otherwise, your attorney will help you determine how much time to allow for your court hearing.
If a Conservatorship is recommended, the court will decide who should be the Conservator
If the Guardian ad Litem has recommended a conservatorship for your loved one and that you should be appointed, the hearing will usually go quickly, with minimal testimony. Your attorney will make a statement about the case and the Guardian ad Litem will chime in with their opinion. You may be asked a few questions about your qualifications to serve, similar to the information that was in your petition.
The Judge will need to sign an Order for Conservatorship
The Judge will either sign an Order that your attorney has prepared before the hearing or agree that your attorney will submit one for signature. After the Judge signs the Order, your attorney will help you get Letters of Conservatorship, which we will address in a future blog post.
If you believe that someone you care about needs a conservatorship, please feel free to reach out to us by email or phone. If you believe a loved one is in need of a conservatorship, please reach out to our office by phone at (615) 846-6201, by email at april@galsnashville.com or you can schedule a complimentary call with us here!
Do you remember the story of Terri Schiavo? While her situation was unfortunate, it sparked a conversation among families around the country. What would you want in a medical emergency? And who do you want to make decisions for you?
What is an Advance Directive?
An Advanced Directive allows you to make medical decisions in advance of an emergency and name an agent to carry them out. It is also called a Living Will. An Advance Directive lets you tell your family and medical providers what is important for your quality of life. It’s important to let your loved ones know if you would want to continue medical treatments or not in the event that your quality of life decreases significantly. Your doctors will ask about your Advance Directive if you are unable to make decisions or communicate for yourself.
A living will is also known as an advance directive for healthcare.
If you have to go to the hospital for any reason you have probably been asked if you have an Advance Directive or Living Will. While it’s important to have your wishes in writing, it’s even more important to educate and prepare your loved ones in case they ever need to make difficult decisions about your care. Talking about your wishes with your family can assure them that they are doing the right thing for you in difficult times.
While it can be difficult to have this conversation, it is incredibly important that your family knows how you would want to be treated in an emergency situation. So please check out The Conversation Project and reach out to your loved ones to begin this conversation.
I hope you’re staying healthy and if you have any questions regarding this topic please schedule a complimentary call with us here!
