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How to Avoid the Need for a Probate Lawyer in Nashville

by | Feb 18, 2021 | Probate

close up of letter tiles that spell out the word "probate"
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.  

Do you have an Advance Directive?

Do you have an Advance Directive?

by | Jun 19, 2020 | Advance Directive, Estate Plan

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.

Graphic of a doctor asking someone if they have a living will or an advance directive
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.

How to have this conversation with loved ones

Here is a resource that I really like from The Conversation Project. 

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!