Tennessee Estate Law
When a person dies owning assets solely in his or her name, an estate automatically exists under Tennessee law. Whether the person died with or without a valid Last Will & Testament, the law has legal procedures in place to ensure that the Deceased’s property is transferred to the proper heirs or beneficiaries.
Probate Attorney in Nashville
When a person has died with a valid Last Will & Testament, the estate is referred to as “testate,” and the process will be called formal probate. If no valid will exists, the estate will be referred to as intestate estate, and the process will be referred to as the administration of an estate.
However, to change record title and ownership of a Deceased’s property, one or the other method must be carried out, either probate or administration of the estate. This is the case for both personal property and real estate belonging to a Decedent.
While the various statutes and laws related to probate and administration of an estate are straightforward, they are not to be undertaken lightly. Additionally, there are various alternative procedures that exist, and could either replace or complement the full probate or estate administration protocol.
For example, there are some instances where a single document, such as an Affidavit of Heirship, may be all that is needed to change title to personal property or real estate. This could be the case if a person died without a will, but owned real property or personal property solely in his or her name. Likewise, if a person died with a will, but it is needed only to change the ownership of real property, a process called “muniment of title” or “limited” probate may be resorted to. Such specific nuances in the law dictate that a person in need of estate services hire an experienced Tennessee attorney.
Will Contests & Trust Litigation
Since 2003, Mr. Weyant has handled a vast array of complex and contested estate matters. He routinely opens estates and administers probate cases, all across the state of Tennessee, and is even well-versed in interstate probate issues, known as “ancillary probate,” where a Decedent has property in multiple states which must be administered.
In addition, where conflict arises in an estate, Mr. Weyant is competent to present and defend formal will contests, and handles court disputes over inheritance, and the general descent and distribution of an estate.
On the front end, Mr. Weyant creates both Last Will & testaments and Revocable (Living) Trusts for his clients, and can explain ways to plan to avoid probate, should a client be interested. Mr. Weyant also drafts Durable Powers of Attorney, and Powers of Attorney for Business and Health Care, including Living Wills (advance directives), as the client contemplates end of life decisions.
- Wills & Trusts
- Durable Power of Attorney
- Living Wills / Advance Directives