by Joel Roettger | May 8, 2019 | Probate
The Tennessee Code has a statute for that. Tennessee Code Section 35-15-110 contains a laundry list of powers that an executor possesses by default unless the will says otherwise. Among them is the following: … to permit any beneficiary or beneficiaries of the...
by Joel Roettger | Feb 13, 2019 | Probate, Trusts
What happens? Tennessee has a statute for that: The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, fiduciary or conservator, and operates as a removal...
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 | Jul 12, 2017 | Estate Planning, Probate, Tax
Executors who discovered too late that they should have made a portability election have gotten a reprieve. Portability refers to the ability of a surviving spouse to inherit the unused federal estate tax exemption of the predeceasing spouse. In order to receive the...
by Joel Roettger | Jun 26, 2017 | Probate
How much leeway does an executor have when it comes to selling the personal property of an estate? Tennessee law generally gives executors carte blanche: Unless otherwise directed by the will and unless the specific personal property is the subject of a bequest, the...