Recent Posts in Probate Administration

• Posted By David Whittaker, Attorney at Law 24-Oct-2019

  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 executor or personal representative as they pay ...

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• Posted By David Whittaker, Attorney at Law 17-Jul-2018

  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 proven to the court that it was created per the ...

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• Posted By David Whittaker, Attorney at Law 7-Dec-2017

  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 be the best estate planning tool for you and your ...

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• Posted By David Whittaker, Attorney at Law 7-Jun-2017

  Can I Sell a House During Probate?

  Probate is the legal process where a will is validated, an executor or personal representative is appointed to administer an estate, debts are paid, and the remaining assets are passed on to the decedent’s beneficiaries. If you were appointed ...

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• Posted By David Whittaker, Attorney at Law 8-Feb-2017

  Assets That Pass Outside of a Tennessee Probate

  Some people are very familiar with the probate process, especially if they’ve dealt with it personally when a loved one passed away. Others on the other hand – are not familiar with probate at all. In fact, a lot of people have never ...

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• 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 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 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 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 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 23-Apr-2014

  You Will Pay Child Support Even If It's Not the Last Thing You Do!

  A recent Tennessee Court of Appeals decision demonstrates that unpaid child support may be claimed against a decedent's estate no matter how delinquent the child support is. In re Estate of Miller, 2013 Tenn. App LEXIS 37. In Miller, a married ...

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• Posted By Tennessee Probate Lawyer 7-Nov-2013

  What Happens if a Person Dies Without Creating a Will?

  As you may know, creating a will is one of the only ways that you can dictate how your property and assets will be distributed after your death; however, not everyone has the chance to do so before their passing. Fortunately, Tennessee's ...

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