by Joel Roettger | Mar 29, 2018 | Estate Planning, Probate
Under Tennessee law, does revocation of a last will and testament automatically reinstate the immediately preceding last will? No: It is well-settled that the mere fact that a decedent destroyed his or her last will does not warrant a finding that the decedent...
by Joel Roettger | Dec 14, 2017 | Estate Planning, Probate
Is a contract to make a will enforceable under Tennessee law? Yes. Tennessee specifically authorizes contracts to: Make a will or devise, Not to revoke a will or devise, and To die intestate However, such contracts can only be established by: Provisions of a will...
by Teresa Klenk | Dec 13, 2017 | Estate Planning, Probate
When a family member dies, the person selected as the executor of the estate is often one of the largest causes of family discord. In some cases, the other family members feel slighted, even if they never wanted to be the executor. In other cases, when family members...
by Joel Roettger | Nov 12, 2017 | Estate Planning, Probate
In a recent case, the Tennessee Court of Appeals found that a settlor failed in her do-it-yourself approach to estate planning. Decedent died in 2015. She left behind two daughters, a son, and two grandchildren. Presumably the grandchildren were the descendants of a...
by Joel Roettger | Oct 3, 2017 | Probate
Specifically, whether Tennessee’s probate claim statute requires a creditor to provide the executor with proof of a claim before the executor must mail the creditor a copy of the published Notice to Creditors. Decedent died in July 2015. His will was probated...
by Joel Roettger | Sep 14, 2017 | Asset Protection, Probate
The previous post discusses the inability of a decedent’s creditors to reach the proceeds of life insurance under Tennessee law. But what about the proceeds from other types of insurance? Are they exempt from creditors as well? Yes: There shall be exempt from...
