Probate Lawyer Maryville, TN

Probate can be initiated anytime after someone’s death. The Tennessee probate law does not penalize heirs who wait to begin this process. Once an executor submits a petition with the probate court, the court takes over the process. The duration of probate will vary based on each case. A probate case that is straightforward and goes uncontested usually finalizes quickly. However, if someone dies intestate or the will is contested by a beneficiary or other interested party, the estate could get stuck in this process for months or years.

One of the challenges with the probate process in the state of Tennessee is that it takes a long time. Compared to the national average, probate may take a full year and a half to finally distribute all of the inheritance money and assets to heirs. Delays in this proceeding can cause the process to take even longer. When probate is in effect, heirs are not able to access the funds that their loved one has left for them. A rightful inheritance can be blocked for years by this legal process and become very frustrating. This is why many people seek to establish an official will or estate plan with help from our knowledgeable will lawyer so that their beneficiaries don’t have to undergo the prolonged and grueling process of probate. 

Carpenter & Lewis PLLC is Here to Help

The cost of probate in the state of Tennessee will depend on certain factors, such as the details of the estate, type of assets within the estate, county or city where the case was filed, the tasks performed during probate, whether there is a will or not, and whether the heirs contested the will. The process can be time consuming and costly, which is why many people prefer to have a legally-binding will or estate plan before they pass away. If you have questions about the probate process or establishing an estate plan, please don’t hesitate to reach out to our knowledgable legal team. We are ready to assist you. 

What Are Estate Plans And Why Do I Need One?

Our Maryville probate lawyer can help you plan a better future for yourself and your loved ones. We have over 30 years of experience helping our clients create estate plans, prepare for probate, and resolve complicated tax and legal disputes. We’re ready to help you. Learn more about why an estate plan makes a difference:

Defining Estate Plans

An estate plan is a collection of documents that detail how your assets should be handled after your death or in the event you become incapacitated. These documents typically include a will, trust(s), power of attorney, healthcare directives, and beneficiary designations. Together, these instruments help manage and protect your assets while providing clear instructions on how they should be dispersed.

Benefits Of Having An Estate Plan

Asset Distribution

One of the primary reasons to have an estate plan is to confirm that your assets are distributed according to your wishes. Without a will or trust, your assets will be distributed according to state laws, which may not align with your personal desires. An estate plan gives you control over who receives what, and can help prevent potential conflicts among your heirs.

Protecting Loved Ones

Estate plans are essential for protecting your loved ones, especially if you have young children or dependents. By appointing guardians in your will, you can make sure that your children are cared for by the individuals you trust most. Additionally, trusts can be used to manage assets for beneficiaries who might not be ready or able to handle them directly, such as minors or those with special needs.

Minimizing Taxes And Legal Hassles

A well-structured estate plan can help reduce the tax burden on your beneficiaries and can streamline the legal process involved in settling your estate. By addressing potential tax implications and providing clear directives, our probate attorney can minimize the legal challenges and expenses your loved ones might face.

Planning For Incapacity

An often overlooked aspect of estate planning is preparing for possible incapacity. Health care directives and power of attorney allow you to appoint someone to make medical and financial decisions on your behalf if you’re unable to do so yourself. This can be invaluable during unexpected situations and maintain that your affairs are handled according to your preferences.

Why It’s Never Too Early To Start

Many people postpone estate planning, thinking it’s only necessary as they get older. However, life is unpredictable, and having an estate plan in place is wise at any age. Whether you’re starting a family, buying a home, or planning for retirement, an estate plan can provide peace of mind knowing that you’ve taken steps to secure your assets and protect your family’s future.

How We Can Help

At our estate law firm, we understand that estate planning can seem daunting. That’s why we’re committed to making the process as straightforward and stress-free as possible. We take the time to understand your unique situation and tailor your estate plan to meet your specific needs and goals. Contact us today, and see how our probate attorney can help.

Why Hiring A Probate Lawyer Can Save Your Family Time And Stress

Dealing with the loss of a loved one is an emotional and challenging time for any family. Amidst the grief, the last thing anyone wants to handle is the complicated and often overwhelming process of probate. Probate is the legal procedure that involves settling the deceased’s estate, paying off debts, and distributing the remaining assets to the rightful heirs. This process can be complicated, lengthy, and stressful, especially when emotions are running high. Hiring our estate planning lawyer to draft your will can be a wise decision that not only saves time, but also alleviates much of the stress associated with managing an estate.

1. Knowledgable Management of the Probate Process

Probate laws vary from state to state, and the process itself involves numerous legal documents, court procedures, and deadlines. For someone unfamiliar with these legal intricacies, probate can quickly become overwhelming. Our probate attorney is well-versed in these laws and understands the specific steps that need to be followed. We can guide you through the process efficiently, confirming that all paperwork is filed correctly and on time, which helps avoid unnecessary delays or legal complications. Our knowledge and experience can streamline the process, reducing the time it takes to settle an estate.

2. Efficiently Handling Debts And Taxes

One of the most challenging aspects of probate is managing the deceased’s debts and taxes. Creditors must be notified, debts must be paid, and the appropriate taxes must be filed. This can be a daunting task, particularly if the estate is large or if there are multiple creditors. Our attorney can handle these responsibilities on your behalf, so that all debts are settled according to the law and taxes are calculated accurately. By efficiently managing these financial aspects, our legal team can help prevent an estate from being tied up in lengthy disputes with creditors or tax authorities.

3. Reducing Family Conflict

When a loved one passes away, emotions are naturally heightened, and disagreements among family members can easily arise, especially when it comes to the distribution of assets. If there is confusion or disagreement over the will, or if someone feels they have been unfairly treated, these disputes can quickly escalate into legal battles. Our lawyer acts as a neutral third party, providing objective advice and making certain that the estate is handled according to the law and the wishes of the deceased. By managing the probate process and mediating disputes, our lawyer can help prevent conflicts from spiraling out of control, preserving family relationships during a difficult time.

Why Hiring a Probate Attorney is Essential

Hiring our Maryville probate lawyer can be one of the best decisions you make when faced with the responsibility of managing a loved one’s estate. Our legal experience, efficiency in handling debts and taxes, ability to reduce family conflict, and protection of the executor from legal liability all contribute to a smoother, faster, and less stressful probate process. At a time when your family is already dealing with loss, having our skilled attorney by your side can provide peace of mind and allow you to focus on what truly matters—honoring your loved one’s memory and supporting each other through the grieving process.

Probate Lawyer FAQ

Dealing with the probate process after the loss of a loved one can be challenging and confusing. Our law firm specializes in guiding families through this challenging legal procedure, so that the deceased’s estate is distributed according to their wishes or state law. Here are some frequently asked questions (FAQs) about probate attorneys and how we can assist you.

What Is A Probate Lawyer?

Our probate lawyer is a legal professional who specializes in managing the probate process, which is the legal procedure of settling a deceased person’s estate. We assist with validating the will, identifying and appraising assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries.

Do I Need A Probate Lawyer If There’s A Will?

Even if your loved one left a will, hiring our lawyer is often a wise choice. Wills can sometimes be contested, or their instructions might be unclear. Our attorney can oversee the execution of the will, handle disputes, and manage any legal obstacles that arise during the probate process.

How Does a Probate Lawyer Help in the Absence of a Will?

If a person dies without a will, they are considered to have died “intestate,” and their estate will be distributed according to state laws. Our estate planning lawyer can help manage this process, by confirming that the estate is distributed to the rightful heirs and that all legal requirements are met.

What Are the Responsibilities of a Probate Lawyer?

Our probate attorney’s duties can vary depending on the complicated nature of the estate but generally include:

• Filing the will with the local probate court
• Identifying and inventorying assets of the deceased
• Appraising the estate’s value
• Paying outstanding debts and taxes
• Distributing the remaining assets to beneficiaries
• Handling disputes that may arise among beneficiaries or with creditors

How Long Does The Probate Process Take?

The length of the probate process can vary depending on the size and details of the estate, as well as the state’s probate laws. On average, probate can take anywhere from a few months to over a year. Our lawyer can help expedite the process by making sure that all legal requirements are met promptly.

How Much Does A Probate Lawyer Cost?

Estate lawyers typically charge an hourly rate, a flat fee, or a percentage of the estate’s value. The cost can vary widely depending on the details of the estate and the lawyer’s experience. Some states regulate the fees that can be charged, so it’s essential to discuss the fee structure with a lawyer upfront.

Can A Probate Lawyer Help With Disputes?

Yes, probate lawyers can help resolve disputes that may arise during the probate process. This includes will contests, disputes among beneficiaries, and disagreements with creditors. Our lawyer can provide mediation, negotiation, or representation in court to resolve these issues.

Probate Attorneys Simplify the Probate Process

Handling the probate process can be daunting, but our lawyer can provide essential guidance and support. Whether dealing with a will, managing disputes, or handling a complicated estate, having our Maryville probate attorney on your side can make a significant difference. If you have more questions or need assistance, consider consulting Carpenter & Lewis PLLC to help you through this challenging time.

Maryville Probate Infographic

Maryville Probate Statistics

According to national statistics, only 33 percent of Americans have an estate plan in place. Unfortunately, without a solid estate plan, many estates end up in probate, resulting in costs each of more than $2 billion. Not only is probate expensive and ends up eating up funds of the estate, but it can also take years for the issues to be settled and beneficiaries receive the funds they are due

Don’t let this happen to your estate. Call our office to meet with a dedicated Maryville probate lawyer and find out how we can help.

Probate Glossary

If you’re looking for a probate attorney, you may have encountered some legal terminology surrounding probate and estate matters. Here, we provide a glossary of some of the most commonly used terms in probate and estate planning, which can help you better understand the process of managing a loved one’s estate. Whether you’re just beginning to look into these matters or are already working with an attorney, this guide is designed to clarify essential terms.

Probate

Probate is the legal process of managing and settling a deceased person’s estate. When someone passes away, probate involves validating their will, if one exists, and overseeing the orderly distribution of their assets. In probate, a court first confirms that the will is legally valid. Then, the executor (the individual named in the will to manage the estate) is appointed to carry out the will’s instructions. This process includes inventorying the decedent’s assets, paying off any outstanding debts or taxes, and finally, distributing the remaining property to the designated beneficiaries. If any disputes arise during this time, the court may step in to help settle these issues.

Probate can sometimes be complicated and time-intensive, especially if the estate includes multiple assets or properties, or if the will is contested. However, in many cases, probate is a straightforward process, particularly when a will is clear and unambiguous. Even so, probate attorneys often play a key role in making sure that all steps are followed and that the executor understands their responsibilities.

Intestate

Intestate refers to the situation that arises when someone dies without leaving a valid will. When this happens, the person’s estate is distributed based on Tennessee’s intestacy laws, rather than according to any personal wishes the decedent may have had. These laws outline a predetermined order in which family members, such as spouses, children, or other relatives, inherit portions of the estate. Generally, a probate court will appoint an administrator to manage the distribution, as there is no designated executor in an intestate situation.

Intestacy often leads to a more complicated and lengthy process, as family members may not agree on who should inherit specific assets or how they should be divided. Because of this, having a will in place is usually recommended to provide clarity and direction, reducing potential conflicts, and getting your wishes met.

Executor

An executor is the person chosen by the individual who created the will (also known as the testator) to manage their estate after they pass away. The executor has several key responsibilities, such as gathering and managing assets, paying any outstanding debts or taxes, and overseeing the distribution of the remaining assets according to the terms of the will. Executors have a legal obligation, known as a fiduciary duty, to act in the best interests of the beneficiaries. This responsibility means that executors must act with honesty and diligence, putting the beneficiaries’ needs and interests first.

Serving as an executor is a serious duty, as it often involves making financial decisions, managing complicated assets, and sometimes dealing with disputes among beneficiaries. Executors may also work with probate attorneys to assist with legal requirements, so that all steps are accurately followed according to Tennessee probate law.

Estate Plan

An estate plan is a set of legal documents and strategies outlining how an individual’s assets should be managed and transferred upon their death or in the event of incapacity. An effective estate plan typically includes a will, which dictates how assets should be distributed; one or more trusts, which may help reduce taxes or avoid probate; a power of attorney, which allows someone to make financial decisions on the individual’s behalf if they become unable to do so; and healthcare directives, which specify the person’s preferences for medical care in case of serious illness.

Creating an estate plan can help prevent family disputes, save on potential legal fees, and provide peace of mind. Estate plans can be customized to fit each person’s unique needs, whether they have specific wishes regarding family heirlooms, charitable donations, or business interests.

Will Contest

A will contest is a legal challenge to the validity of a will, usually brought by someone who believes the will does not reflect the true intentions of the deceased. This might occur if a family member feels that they were unfairly excluded from the will, or if they believe that the deceased was influenced unduly or lacked the mental capacity to make decisions at the time of drafting the document.

Common grounds for contesting a will include claims of fraud, where a person asserts that the will was created under false pretenses; undue influence, where someone may have pressured or manipulated the decedent; or lack of testamentary capacity, which questions whether the decedent was fully aware of their decisions when creating the will. Will contests are typically handled in probate court, where the court will evaluate the evidence and determine whether the will should be upheld or altered.

At Carpenter & Lewis PLLC, we work with families to make probate and estate planning as clear and straightforward as possible. If you’re looking for guidance or have questions about any part of the probate process, we’re here to help. Contact us today to set up a consultation and discuss how we can assist with your probate and estate planning needs.

Comprehensive Estate Planning and Probate Solutions

Hiring our Maryville probate lawyer makes the often complicated process of administering an estate, easier and smoother to manage. Whether you’re dealing with a will or managing an intestate estate, our probate attorney can provide essential guidance to protect your interests and execute the efficient distribution of assets. Founding attorney, Stephen L. Carpenter has over three decades of experience helping individuals and their families with all of their estate planning needs. Call now to schedule a consultation and begin the process of securing your legacy.