David Whittaker, Attorney at Law

Serving Davidson & Williamson Counties

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Call Today: 615.289.6284

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Latest Blog Posts By Category

  • Beneficiary Designations - Click here to view all posts
    The latest posts for Beneficiary Designations are listed below.
    • How Do You Fund a Trust?
      If you’re learning about estate planning, wills, trusts, powers of attorneys, and other such terms have probably come up in your research. You may have read about how some people choose to add a ...
    • How Do I Make Sure My Stepchild Has Inheritance Rights?
      In the United States, about 50 percent of all first marriages end in divorce, so not surprisingly, second marriages and blended families have become the norm. But does that mean that stepchildren ...
    • Estate Planning for Singles
      I have written many articles over the years offering advice on estate planning, many of which were seemingly directed toward married individuals, though that was not the intention. Estate planning is ...
    Blended Families - Click here to view all posts
    The latest posts for Blended Families are listed below.
    • How Do I Make Sure My Stepchild Has Inheritance Rights?
      In the United States, about 50 percent of all first marriages end in divorce, so not surprisingly, second marriages and blended families have become the norm. But does that mean that stepchildren ...
    • Divorcing? Update That Estate Plan
      Divorce is stressful, especially when it’s a complicated divorce or minor children are involved. When spouses file for divorce, their minds are on child custody, asset and debt division, and ...
    • 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 ...
    Breach of Fiduciary Duty - Click here to view all posts
    The latest posts for Breach of Fiduciary Duty are listed below.
    • 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 ...
    Buyers - Click here to view all posts
    The latest posts for Buyers are listed below.
    • What to Expect in a 'Move-In-Ready' House
      If you’re buying a home for the first time, you are on what can be described as a “journey,” at least in the beginning. A lot of first-time homebuyers are on a journey of discovery. ...
    • Common Challenges with Home Buying
      Buying a home, especially for the first time can be an exciting experience. Finally, you won’t have a landlord to answer to, you can let your dogs run free in the house without worrying about ...
    • Why Winter May Be the Best Time to Buy a Fixer-Upper
      Do you have your heart set on buying a fixer-upper in the not too distant future? If so, you may want to pull the trigger during the wintertime! In reality, few people buy homes during the winter. ...
    Change of Beneficiary - Click here to view all posts
    The latest posts for Change of Beneficiary are listed below.
    • 4 Reasons Why Beneficiaries Are Important
      Where you’re standing right now, you probably have a number of accounts with beneficiary designations. But, when was the last time you took a fresh look at those beneficiaries? If you hurriedly ...
    Conservatorship - Click here to view all posts
    The latest posts for Conservatorship are listed below.
    • Creating an Estate Plan When You're Elderly or Ill
      Not everyone runs to an estate planning attorney’s office to draw up their estate planning documents, but everyone should. The problem is it can be hard for some people to think about dying or ...
    • 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 ...
    • 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 ...
    Construction - Click here to view all posts
    The latest posts for Construction are listed below.
    • Welcome to Our Nashville Probate Blog
      The team at David Whittaker, Attorney at Law is proud to announce the launch of our new informative legal blog! We have decided to incorporate this feature into our website so that visitors can have ...
    Deathbed Wills - Click here to view all posts
    The latest posts for Deathbed Wills are listed below.
    • Creating an Estate Plan When You're Elderly or Ill
      Not everyone runs to an estate planning attorney’s office to draw up their estate planning documents, but everyone should. The problem is it can be hard for some people to think about dying or ...
    • What is a Deathbed Will?
      When someone is facing imminent death, he or she may decide to draft a will, or tear up their old will and sign a new one – this is often referred to as a “deathbed will.” ...
    Elective Share - Click here to view all posts
    The latest posts for Elective Share are listed below.
    • We Divorced: Am I a Surviving Spouse?
      If you were married and you eventually divorced your spouse and now he or she has passed away, you may be wondering if you are technically the “surviving spouse” under Tennessee law. If ...
    • Disinheriting a Spouse in Nashville, TN
      It is not uncommon for people to want to understand their spouse’s inheritance rights under Tennessee law, especially when couples are in a second marriage or when they’re recently ...
    Estate Litigation - Click here to view all posts
    The latest posts for Estate Litigation are listed below.
    • What is a Deathbed Will?
      When someone is facing imminent death, he or she may decide to draft a will, or tear up their old will and sign a new one – this is often referred to as a “deathbed will.” ...
    • 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 ...
    • 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. ...
    Estate Planning - Click here to view all posts
    The latest posts for Estate Planning are listed below.
    • How Do I Make Sure My Stepchild Has Inheritance Rights?
      In the United States, about 50 percent of all first marriages end in divorce, so not surprisingly, second marriages and blended families have become the norm. But does that mean that stepchildren ...
    • Why Your Sweetheart Will May Not Be Enough
      At my firm, I meet with a lot of couples who drafted a Last Will & Testament when they were younger. Those wills may have been completely appropriate at the time they were executed, but now ...
    • Estate Planning for Singles
      I have written many articles over the years offering advice on estate planning, many of which were seemingly directed toward married individuals, though that was not the intention. Estate planning is ...
    Estate Taxes - Click here to view all posts
    The latest posts for Estate Taxes are listed below.
    • Does Tennessee Have an Inheritance Tax?
      If your loved on recently passed away and you are a beneficiary to their estate, you probably have a lot of questions. How long is probate ? Will any of the decedent’s assets pass outside of ...
    • 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 ...
    • 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 ...
    FAQ of what to bring 1st meeting with an attorney - Click here to view all posts
    The latest posts for FAQ of what to bring 1st meeting with an attorney are listed below.
    • "What do I bring to my first meeting with the attorney?"
      I get this question all the time. The answer depends on how quickly you are going to want to get filed. Of course, it never hurts to bring everything your attorney will need to get your documents ...
    Guardianship - Click here to view all posts
    The latest posts for Guardianship are listed below.
    • Grandparents Seeking Guardianship in Tennessee
      Are you a grandparent who is seeking legal custody or guardianship of your grandchild? If so, this post is intended to give you a brief overview of what those entail. If you are given legal custody of ...
    Home Buying - Click here to view all posts
    The latest posts for Home Buying are listed below.
    • Common Challenges with Home Buying
      Buying a home, especially for the first time can be an exciting experience. Finally, you won’t have a landlord to answer to, you can let your dogs run free in the house without worrying about ...
    Inheritance - Click here to view all posts
    The latest posts for Inheritance are listed below.
    • How Do I Make Sure My Stepchild Has Inheritance Rights?
      In the United States, about 50 percent of all first marriages end in divorce, so not surprisingly, second marriages and blended families have become the norm. But does that mean that stepchildren ...
    • What is a Deathbed Will?
      When someone is facing imminent death, he or she may decide to draft a will, or tear up their old will and sign a new one – this is often referred to as a “deathbed will.” ...
    • Are Inherited IRAs Shielded from Creditors?
      In June 2014, the Supreme Court reached a landmark decision in Clark v. Rameker. In the case, the Supreme Court ruled that inherited IRAs do not count as protected retirement funds. In effect, ...
    Inheritance Tax - Click here to view all posts
    The latest posts for Inheritance Tax are listed below.
    • Does Tennessee Have an Inheritance Tax?
      If your loved on recently passed away and you are a beneficiary to their estate, you probably have a lot of questions. How long is probate ? Will any of the decedent’s assets pass outside of ...
    Inherited IRAs - Click here to view all posts
    The latest posts for Inherited IRAs are listed below.
    • Are Inherited IRAs Shielded from Creditors?
      In June 2014, the Supreme Court reached a landmark decision in Clark v. Rameker. In the case, the Supreme Court ruled that inherited IRAs do not count as protected retirement funds. In effect, ...
    Insolvent Estates - Click here to view all posts
    The latest posts for Insolvent Estates are listed below.
    • 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. ...
    • 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 ...
    Intestate Estates - Click here to view all posts
    The latest posts for Intestate Estates are listed below.
    • How Do I Make Sure My Stepchild Has Inheritance Rights?
      In the United States, about 50 percent of all first marriages end in divorce, so not surprisingly, second marriages and blended families have become the norm. But does that mean that stepchildren ...
    • Intestate Succession in Tennessee
      When someone dies without a will, the state’s “ intestate succession ” laws go into effect, thereby distributing a decedent’s assets according to state law. But what is ...
    • Estate Planning for Singles
      I have written many articles over the years offering advice on estate planning, many of which were seemingly directed toward married individuals, though that was not the intention. Estate planning is ...
    Intestate Succession - Click here to view all posts
    The latest posts for Intestate Succession are listed below.
    • We Divorced: Am I a Surviving Spouse?
      If you were married and you eventually divorced your spouse and now he or she has passed away, you may be wondering if you are technically the “surviving spouse” under Tennessee law. If ...
    • How Do I Make Sure My Stepchild Has Inheritance Rights?
      In the United States, about 50 percent of all first marriages end in divorce, so not surprisingly, second marriages and blended families have become the norm. But does that mean that stepchildren ...
    • Intestate Succession in Tennessee
      When someone dies without a will, the state’s “ intestate succession ” laws go into effect, thereby distributing a decedent’s assets according to state law. But what is ...
    Landlord Tenant Disputes - Click here to view all posts
    The latest posts for Landlord Tenant Disputes are listed below.
    • When Can a Renter Break a Lease in Tennessee?
      Although you may have signed a lease for an apartment or rental unit for a specified amount of time, circumstances may arise where you want to get out of your agreement so you can find a better place ...
    • What Are My Responsibilities as a Renter?
      Renting is quite different than home ownership because renters are not usually responsible for home repairs. For example, if a roof is leaking, it’s the landlord’s responsibility to repair ...
    Living Trusts - Click here to view all posts
    The latest posts for Living Trusts are listed below.
    • Estate Planning for Singles
      I have written many articles over the years offering advice on estate planning, many of which were seemingly directed toward married individuals, though that was not the intention. Estate planning is ...
    • Creating an Estate Plan When You're Elderly or Ill
      Not everyone runs to an estate planning attorney’s office to draw up their estate planning documents, but everyone should. The problem is it can be hard for some people to think about dying or ...
    • Avoiding Probate with a Revocable Living Trust
      Even if you’re only slightly familiar with “ estate planning,” you’ve almost certainly heard about wills and revocable living trusts. You may not however, understand the ...
    Missing Heirs - Click here to view all posts
    The latest posts for Missing Heirs are listed below.
    • 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 ...
    Power of Attorney - Click here to view all posts
    The latest posts for Power of Attorney are listed below.
    • What is a Power of Attorney in Tennessee?
      Even though Americans are living longer than ever before, they’re dealing with age-related issues that many of our earlier generations didn’t have to deal with because people didn’t ...
    Probate - Click here to view all posts
    The latest posts for Probate are listed below.
    • How Do You Fund a Trust?
      If you’re learning about estate planning, wills, trusts, powers of attorneys, and other such terms have probably come up in your research. You may have read about how some people choose to add a ...
    • Why Probate Litigation?
      When a will is probated, the probate court validates the will and appoints an executor or personal representative to administer the decedent’s estate. From there, the probate court oversees the ...
    • When is Probate Necessary?
      If you’re not familiar with probate, it is a court-supervised process that may be legally required after someone passes away, especially when the person has assets. Once a probate case is ...
    Probate Administration - Click here to view all posts
    The latest posts for Probate Administration are listed below.
    • Why Probate Litigation?
      When a will is probated, the probate court validates the will and appoints an executor or personal representative to administer the decedent’s estate. From there, the probate court oversees the ...
    • Admitting a Will to Probate
      In Tennessee, if you are at least eighteen and of sound mind, you can create a will as long as you create the will in accordance with state law. In order for a will to be authenticated, it must be ...
    • Why Would I Want a Living Trust?
      Over the years, I’ve heard quite a few people say, “I already have a will. Why would I need a living trust ?” If you were wondering the same thing, believe it or not, a will may not ...
    Probate Litigation - Click here to view all posts
    The latest posts for Probate Litigation are listed below.
    • Why Probate Litigation?
      When a will is probated, the probate court validates the will and appoints an executor or personal representative to administer the decedent’s estate. From there, the probate court oversees the ...
    Real Estate - Click here to view all posts
    The latest posts for Real Estate are listed below.
    • When Can a Renter Break a Lease in Tennessee?
      Although you may have signed a lease for an apartment or rental unit for a specified amount of time, circumstances may arise where you want to get out of your agreement so you can find a better place ...
    • What to Expect in a 'Move-In-Ready' House
      If you’re buying a home for the first time, you are on what can be described as a “journey,” at least in the beginning. A lot of first-time homebuyers are on a journey of discovery. ...
    • Common Challenges with Home Buying
      Buying a home, especially for the first time can be an exciting experience. Finally, you won’t have a landlord to answer to, you can let your dogs run free in the house without worrying about ...
    Real Estate Litigation - Click here to view all posts
    The latest posts for Real Estate Litigation are listed below.
    • Common Challenges with Home Buying
      Buying a home, especially for the first time can be an exciting experience. Finally, you won’t have a landlord to answer to, you can let your dogs run free in the house without worrying about ...
    • What Are My Responsibilities as a Renter?
      Renting is quite different than home ownership because renters are not usually responsible for home repairs. For example, if a roof is leaking, it’s the landlord’s responsibility to repair ...
    Retirement Accounts - Click here to view all posts
    The latest posts for Retirement Accounts are listed below.
    • About Inherited Retirement Accounts
      Most of my clients have a 401(k), an IRA or a pension; therefore, I always account for such accounts when I’m helping them create a sound estate plan. If you have one or more retirement ...
    Revocable Living Trusts - Click here to view all posts
    The latest posts for Revocable Living Trusts are listed below.
    • How Do You Fund a Trust?
      If you’re learning about estate planning, wills, trusts, powers of attorneys, and other such terms have probably come up in your research. You may have read about how some people choose to add a ...
    • Creating an Estate Plan When You're Elderly or Ill
      Not everyone runs to an estate planning attorney’s office to draw up their estate planning documents, but everyone should. The problem is it can be hard for some people to think about dying or ...
    • Avoiding Probate with a Revocable Living Trust
      Even if you’re only slightly familiar with “ estate planning,” you’ve almost certainly heard about wills and revocable living trusts. You may not however, understand the ...
    Solvent Estates - Click here to view all posts
    The latest posts for Solvent Estates are listed below.
    • 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 ...
    Stepchildren - Click here to view all posts
    The latest posts for Stepchildren are listed below.
    • 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 ...
    Testate Estates - Click here to view all posts
    The latest posts for Testate Estates are listed below.
    • FAQs About Probate in Nashville
      When clients come to my firm, a lot of times it’s their first experience with probate. They don’t know much about it and sometimes, they don’t know anything at all. If your loved one ...
    • 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 ...
    Trusts - Click here to view all posts
    The latest posts for Trusts are listed below.
    • How Do You Fund a Trust?
      If you’re learning about estate planning, wills, trusts, powers of attorneys, and other such terms have probably come up in your research. You may have read about how some people choose to add a ...
    • Why Probate Litigation?
      When a will is probated, the probate court validates the will and appoints an executor or personal representative to administer the decedent’s estate. From there, the probate court oversees the ...
    • How Do I Make Sure My Stepchild Has Inheritance Rights?
      In the United States, about 50 percent of all first marriages end in divorce, so not surprisingly, second marriages and blended families have become the norm. But does that mean that stepchildren ...
    Will Contest - Click here to view all posts
    The latest posts for Will Contest are listed below.
    • Why Probate Litigation?
      When a will is probated, the probate court validates the will and appoints an executor or personal representative to administer the decedent’s estate. From there, the probate court oversees the ...
    • What is a Deathbed Will?
      When someone is facing imminent death, he or she may decide to draft a will, or tear up their old will and sign a new one – this is often referred to as a “deathbed will.” ...
    • 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. ...
    Wills - Click here to view all posts
    The latest posts for Wills are listed below.
    • How Do You Fund a Trust?
      If you’re learning about estate planning, wills, trusts, powers of attorneys, and other such terms have probably come up in your research. You may have read about how some people choose to add a ...
    • Why Probate Litigation?
      When a will is probated, the probate court validates the will and appoints an executor or personal representative to administer the decedent’s estate. From there, the probate court oversees the ...
    • How Do I Make Sure My Stepchild Has Inheritance Rights?
      In the United States, about 50 percent of all first marriages end in divorce, so not surprisingly, second marriages and blended families have become the norm. But does that mean that stepchildren ...

Recent Posts

  • We Divorced: Am I a Surviving Spouse?
  • When Can a Renter Break a Lease in Tennessee?
  • What is a Power of Attorney in Tennessee?
  • How Do You Fund a Trust?
  • Why Probate Litigation?
  • How Do I Make Sure My Stepchild Has Inheritance Rights?
  • What to Expect in a 'Move-In-Ready' House
  • Intestate Succession in Tennessee

Categories

  • Beneficiary Designations (12)
  • Blended Families (3)
  • Breach of Fiduciary Duty (1)
  • Buyers (3)
  • Change of Beneficiary (1)
  • Conservatorship (3)
  • Construction (1)
  • Deathbed Wills (2)
  • Elective Share (2)
  • Estate Litigation (3)
  • Estate Planning (28)
  • Estate Taxes (3)
  • FAQ of what to bring 1st meeting with an attorney (1)
  • Guardianship (1)
  • Home Buying (1)
  • Inheritance (11)
  • Inheritance Tax (1)
  • Inherited IRAs (1)
  • Insolvent Estates (2)
  • Intestate Estates (10)
  • Intestate Succession (7)
  • Landlord Tenant Disputes (2)
  • Living Trusts (5)
  • Missing Heirs (1)
  • Power of Attorney (1)
  • Probate (35)
  • Probate Administration (12)
  • Probate Litigation (1)
  • Real Estate (4)
  • Real Estate Litigation (2)
  • Retirement Accounts (1)
  • Revocable Living Trusts (4)
  • Solvent Estates (1)
  • Stepchildren (1)
  • Testate Estates (2)
  • Trusts (19)
  • Will Contest (3)
  • Wills (23)

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David Whittaker, Attorney at Law

Call Today: (615) 289-6284

David Whittaker, Attorney at Law - Nashville Probate Attorney
1616 Westgate Circle, Suite 127, Brentwood, TN 37027 View Map
Call Today: (615) 289-6284
(615) 289-6284
Website: http://www.attorneydavidwhittaker.com/
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