Franklin County, TN Estate Lawyers
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Winchester, TN 37398
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Robert Sidney Burns
Wills & Probate, Trusts, Estate Planning, Estate
Status: In Good Standing Licensed: 51 Years
388 Alabama Ave, Sewanee, TN 37375
Profile LAWPOINTS™29/100
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Winchester, TN 37398
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Trudy Mckelvey Edwards
Federal Appellate Practice, Wills & Probate, Disability, Reorganization
Status: In Good Standing
300 S College St, Winchester, TN 37398
Profile LAWPOINTS™19/100
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Trudy Edwards
Federal Appellate Practice, Wills & Probate, Disability, Reorganization
Status: In Good Standing
300 S College St, Winchester, TN 37398
Profile LAWPOINTS™19/100
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Lawyer.com can help you easily and quickly find Tennessee Estate Lawyers and Tennessee Estate Law Firms. Find Estate attorneys by major city or select a city from the list of all Tennessee cities. Alternatively you can search for Estate attorneys for all Tennessee cities or search by county. You may also also find it useful to refine your search by specific Estate practice areas such as Estate Planning, Trusts, Wills & Probate and Power of Attorney matters.
LEGAL TERMS
HOLOGRAPHIC WILL
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.
GROSS ESTATE
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.
PRETERMITTED HEIR
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'
ABSTRACT OF TRUST
A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract... (more...)
A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract of trust to a financial organization or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private. In some states, this document is called a 'certification of trust.'
INHERIT
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.
QTIP TRUST
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.
PER CAPITA
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).
CONSERVATOR
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.
NET ESTATE
The value of all property owned at death less liabilities or debts.
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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