Blog Posts in 2016

• Posted By David Whittaker, Attorney at Law 6-Dec-2016

  Do I Have to Accept the Job as Executor?

  When a loved one passes away and they left behind a valid will, they will have generally named someone they trust to administrate or otherwise “settle” the estate. This individual is called the “executor” or “personal ...

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• Posted By David Whittaker, Attorney at Law 16-Nov-2016

  Do Stepchildren Have Inheritance Rights?

  Since divorce has become more socially acceptable in the United States over the past 40 years, we have seen an explosion in blended families. Surely, you know plenty of people who are divorced and there is a very high chance that someone in your ...

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• Posted By David Whittaker, Attorney at Law 6-Oct-2016

  Missing Heirs in a Probate Case

  Generally, when someone passes away the probate process is rather straightforward. The probate court appoints a personal representative to administer the estate, then he or she pays off the estate’s debts and taxes and distributes the remaining ...

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• Posted By David Whittaker, Attorney at Law 26-Sep-2016

  Which Assets are Subject to Probate?

  Some people view probate as a complicated and detailed process as far as time is concerned, but it’s often necessary in order for certain assets to be distributed to a decedent’s heirs. Probate is a legal process where a will is ...

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• Posted By David Whittaker, Attorney at Law 24-Aug-2016

  Importance of Updating Beneficiary Designations

  With life being as unpredictable as it is, there is one thing that we can all count on – life is constantly changing. No matter how well you plan for life’s events, there is much that is out of your control. Things such as marriage, the ...

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• Posted By David Whittaker, Attorney at Law 14-Jul-2016

  Does Tennessee Have an Estate Tax?

  If you are preparing to create an estate plan, or if you are an executor of a Tennessee estate, you will be interested in knowing whether Tennessee has an estate or death tax. Tennessee used to impose an estate tax, but it was repealed in 2016. ...

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• Posted By David Whittaker, Attorney at Law 14-Jun-2016

  Conservatorship in Tennessee

  If you have a loved one who is unable to properly care for themselves and make important financial decisions due to advanced age or a disability, it may have come to the point where your loved one needs a conservator. “ Conservators ” are ...

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• Posted By David Whittaker, Attorney at Law 11-May-2016

  Do I Need a Probate Attorney?

  When a loved one passes away, the decedent’s financial affairs will need to be fully addressed and resolved, whether the decedent left behind a will or not. This process includes paying off the decedent’s debts and taxes, deciding what to ...

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• Posted By David Whittaker, Attorney at Law 11-Apr-2016

  Are My Stepchildren Entitled to My Estate?

  In today’s society, virtually everyone’s life has been affected by a divorce. Whether you’re a child of divorce, or your spouse was married before, or one of your siblings are divorced, there is a good chance that someone close to ...

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• Posted By David Whittaker, Attorney at Law 2-Mar-2016

  I Think I Have a Will Contest

  As an estate planning and probate attorney, I periodically get calls from people who want to contest the validity of a will. In response, I explain under which circumstances a will can be challenged. While most wills are legally valid and not subject ...

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• Posted By David Whittaker, Attorney at Law 15-Feb-2016

  Insolvent vs. Solvent Estates

  If your loved one has recently passed away, one of the first tasks will be to determine whether he or she left behind a solvent or an insolvent estate. What is the difference between these two types of estates? If the decedent passed away leaving an ...

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• Posted By David Whittaker, Attorney at Law 6-Jan-2016

  Can Parents Disinherit Children in Tennessee?

  Working in estate planning and probate law, I’ve seen firsthand that families can be complicated. Occasionally I am asked if a parent can disinherit their child under Tennessee law, and the answer is yes, a parent can disinherit their son or ...

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