Blog Posts in 2017

• 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 2-Nov-2017

  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, inherited IRAs can be used to satisfy creditors’ ...

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• Posted By David Whittaker, Attorney at Law 11-Oct-2017

  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 accounts, surly you want to know if your beneficiaries ...

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• Posted By David Whittaker, Attorney at Law 6-Sep-2017

  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 spousal support. They’re more worried about ...

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• Posted By David Whittaker, Attorney at Law 1-Aug-2017

  I Didn't Ask to Be an Executor

  Whenever someone does an excellent job drafting a will, he or she will nominate at least one executor to handle their estate when they pass away. Sometimes, they will name one particular person, and they’ll provide for a second person to fill ...

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• Posted By David Whittaker, Attorney at Law 17-Jul-2017

  Don't Let a Divorce Derail Your Estate Plan

  Even for those couples who manage to have an amicable divorce, it is not easy. When a couple has been married for decades, it can be particularly difficult when it comes to life insurance, retirement plans, and estate plans. When Baby Boomers decide ...

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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 2-May-2017

  When It's Time to Update Your Estate Plan

  If you own a home, you know the importance in changing furnace filters, cleaning the carpets, cleaning the chimney, clearing out the rain gutters and mowing the lawn during the spring and summer. In order for your home to remain in tip-top shape, you ...

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• Posted By David Whittaker, Attorney at Law 17-Apr-2017

  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 probate? Does Tennessee still impose an inheritance ...

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• Posted By David Whittaker, Attorney at Law 20-Mar-2017

  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 married. If you want to know, “Can I disinherit my ...

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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 23-Jan-2017

  Dying Without a Will in Tennessee

  Do you have children under the age of 18? Do you own your own home? Do you have a retirement account, such as an IRA or 401(k)? Or, do you have a significant savings? If your answer is “yes” to any one or more of these questions, you ...

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