Birchwood Estate Lawyer, Tennessee


David Franklin Hensley

Products Liability, Wills & Probate, Construction, Civil Rights
Status:  In Good Standing           

FREE CONSULTATION 

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Valerie W. Epstein

Accident & Injury, Employment, Estate, Lawsuit & Dispute
Status:  In Good Standing           

Jeffrey M. Atherton

Education, Guardianships & Conservatorships, Litigation, Personal Injury, Wills & Probate
Status:  In Good Standing           

Mitchell A. Byrd

Estate Planning, Divorce & Family Law, Criminal, Personal Injury
Status:  In Good Standing           

FREE CONSULTATION 

CONTACT

Kenneth O. Fritz

Bankruptcy, Employment, Estate Planning, Family Law
Status:  In Good Standing           

William G. Schwall

Construction, Wills & Probate, Family Law, Corporate
Status:  In Good Standing           

Tim E. Shaw

Litigation, Estate Planning, Family Law, Credit & Debt
Status:  In Good Standing           Licensed:  17 Years

Tim Shaw Shaw

Litigation, Estate Planning, Family Law, Credit & Debt, Antitrust
Status:  In Good Standing           Licensed:  17 Years

Ann Yarbro Mccoin

Federal Appellate Practice, Trusts, Estate Planning, Estate
Status:  In Good Standing           Licensed:  50 Years

Carol Ann Barron

Estate Planning, Family Law, Elder Law, Insurance
Status:  In Good Standing           Licensed:  31 Years

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Free Help: Use This Form or Call 800-943-8690

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800-943-8690

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LEGAL TERMS

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

FAMILY POT TRUST

See pot trust.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

SAMPLE LEGAL CASES

In re Estate of Tanner

The decedent, Martha M. Tanner, died intestate while a resident of a nursing facility. Nineteen months later, the Bureau of TennCare filed a complaint in the Davidson County Chancery Court seeking the appointment of an administrator of her estate. The case was transferred to the ...

In re Estate of Davis

In this interlocutory appeal, the administrator of the estate of the decedent argues that a petition for probate, filed more than two years after the probate of an earlier will, is time-barred by Tennessee Code Annotated section 32-4-108, and, therefore, the trial court erroneously denied his ...

Estate of French v. Stratford House

The administratrix of the estate of the deceased brought this wrongful death suit against the defendant nursing home and its controlling entities, alleging damages as the result of ordinary negligence, negligence per se, and violations of the Tennessee Adult Protection Act. The ...

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