When someone passes away and leaves multiple wills, it can create confusion and disagreements among family members. During probate, only one will can legally direct the distribution of the deceased’s assets. Finding more than one will often lead to questions about which document to follow.  Determining which will takes priority The most recent valid will typically takes priority during probate.… The post What happens when multiple wills are discovered during probate? first appeared on Miller Law Firm ..read more

When a Tennessee resident passes away and leaves property in another state, the probate process becomes more complex. Handling out-of-state property in Tennessee probate involves multiple legal steps to ensure the proper transfer of property. Taking appropriate action ahead of time can lead to a smooth transition for your heirs and beneficiaries. How Tennessee probate handles out-of-state property Tennessee probate… The post How does Tennessee probate handle out-of-state property? first appeared on Miller Law Firm ..read more

Estate plans are critical in every person’s life, but they are not a one-and-done deal, where you create it and leave it alone forever. An estate plan is something that evolves, changes and grows with you. Not only does an estate plan help you manage your assets, but it also helps ensure you take care of your family when you… The post Three compelling reasons to update your estate plan first appeared on Miller Law Firm ..read more

Probate is a stressful and complex process. Veterans can account for their VA benefits by taking some crucial steps. There are six essential ways veterans can plan for their benefits during probate. Taking the appropriate steps now will protect your legacy and provide for your loved ones. Keep thorough records One of the most critical steps is maintaining thorough and organized records of all VA benefits. This includes keeping copies of award letters, benefit statements, and any correspondence with the VA. Having these documents readily available can simplify the probate process and ensure tha ..read more

Probate is a legal process that takes place after someone dies. It involves proving that a deceased person’s will is valid, identifying their property, paying their debts and distributing the remaining assets to beneficiaries. Understanding the basics of how debts are handled during probate can help make this challenging time a bit easier. The role of the executor The executor of the will has the responsibility of managing the deceased person’s estate. This includes paying off any outstanding bills. The executor must first notify creditors of the death, giving them the chance to file claims ag ..read more

Probate can be daunting for families dealing with the loss of a loved one. Navigating through probate proceedings adds a layer of complexity during an already challenging time. However, certain steps can simplify the probate process and alleviate some of the stress and confusion that often accompany it. Families can navigate this process more effectively by understanding the key aspects of probate and utilizing available resources. Understanding probate Probate is the legal process of administering the estate of a deceased person. It involves distributing assets to beneficiaries and settling d ..read more

Probate is a legal process that takes place after someone dies. It involves the administration of the deceased person’s estate, which includes their assets, debts and distribution of property to heirs or beneficiaries. Probate often stands as an intimidating term, shrouded in myths that create unnecessary fear and confusion. Many of these myths are not true, and if you are in the midst of planning your estate, you should understand what is true and what is not true about probate. Probate is a time-consuming process According to the Tennessee Courts, there is no time limitation on the probate o ..read more

If someone passes away in Tennessee, their estate goes through a legal process known as probate. Probate involves validating the deceased person’s will, if there is one, and distributing their assets according to the law. Understanding probate is an important part of the estate planning process. Validation of the will The probate process begins when someone, usually an interested party or a family member, files a petition in the appropriate court. If the deceased person left a will, the court validates its authenticity and correct execution. The judge makes sure the person had the mental capac ..read more

When you die, your assets may go through a legal process called probate. The probate process can increase the amount of time it takes for your beneficiaries to receive their share of your estate and drive up estate administration costs. You may be able to save your heirs time and money by taking steps to avoid probate. Living trusts A living trust is a legal arrangement that lets you transfer your assets into a trust while you are alive and still be able to benefit from and control them. When you die, a chosen trustee manages the distribution of the assets to your beneficiaries. Unlike wills ..read more

Medicaid, known as TennCare in Tennessee, may be able to take money from your estate after your death. There are specific rules to the process. TennCare will only attempt estate recovery if you received long-term care services through its program. A legal requirement Federal law requires TennCare to recover expenses paid out for your care from your estate after your death. However, the law does provide exceptions. For example, if you can show undue hardship, TennCare will not conduct estate recovery. Undue hardship would be if your estate is the only income for your family, your sibling lived ..read more