Blog Posts in 2015

• Posted By Davis Whittaker, Attorney at Law 1-Dec-2015

  Overview of the 'Intestate' Estate

  When someone passes away in Tennessee, soon his or her loved ones will need to determine if the decedent died “testate” or “intestate,” that is if they don’t know already. Upon the death of a person, their assets, real ...

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• Posted By David Whittaker, Attorney at Law 4-Nov-2015

  Defining 'Breach of Fiduciary Duty'

  When it comes to wills, trusts, and probate, fiduciaries include executors or “personal representatives” and trustees. A fiduciary is someone who acts on behalf of another, and they are in a position of trust. If you have been appointed ...

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• Posted By David Whittaker, Attorney at Law 6-Oct-2015

  Should You Consider Conservatorship?

  The need for a conservatorship arises in a variety of settings. An adult may have been born with an intellectual disability, they may have suffered serious brain damage in a car wreck, they may be afflicted with Alzheimer’s disease, or they may ...

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• Posted By David Whittaker, Attorney at Law 1-Sep-2015

  Tennessee Inheritance & Estate Taxes

  Does Tennessee have death taxes? Yes, it has two types: an inheritance tax and an estate tax. The Tennessee inheritance tax is a tax on the privilege of receiving property transferred upon a decedent’s death. This law was established in favor ...

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• Posted By David Whittaker, Attorney at Law 3-Aug-2015

  Importance of Updating Beneficiary Designations

  Did you know that you could be making a big estate planning mistake without knowing of it? When people forget to update the beneficiary designations for their life insurance policies, employment-sponsored retirement accounts, IRAs, mutual funds and ...

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• Posted By David Whittaker, Attorney at Law 1-Jul-2015

  Is Life Insurance Subject to Creditors' Claims in Tennessee?

  If your husband, wife, mother or father recently passed away and they had life insurance, you may be wondering if the life insurance proceeds will be used to pay off creditors' claims during the probate process. If your loved one (the decedent) ...

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• Posted By David Whittaker, Attorney at Law 2-Jun-2015

  Intestate Estates in Tennessee

  When a resident of Tennessee passes away, the decedent's real and personal property has to be distributed in accordance with state law. The laws of testate and intestate distribution can be found in Tennessee Code Annotated. Essentially, when an ...

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• Posted By David Whittaker, Attorney at Law 4-May-2015

  Admitting a Will to Probate in Tennessee

  If your loved one recently passed away, soon it will be necessary to locate the decedent's creditors, pay off their debts and taxes, and distribute what's left of the estate to the heirs. In order to accomplish these steps, you must go to ...

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