by Joel Roettger | Sep 13, 2017 | Asset Protection, Probate
Are life insurance proceeds subject to the claims of the decedent’s creditors under Tennessee law? Consider two scenarios. In the first scenario, the proceeds are payable directly to the decedent’s spouse or children, bypassing probate. Not surprisingly,...
by Joel Roettger | Aug 30, 2017 | Probate
Tennessee has a statute for it: A sum not exceeding ten thousand dollars ($10,000) is authorized to be paid directly to the surviving spouse of a decedent, but if none, then to the surviving children of the decedent as tenants in common, as follows: (A) By an...
by Joel Roettger | Jul 13, 2017 | Probate
It’s a crime under Tennessee law: Any person who destroys or conceals the last will and testament of a testator, or any codicil thereto, with intent to prevent the probate thereof or defraud any devisee or legatee, commits a Class E felony. A Class E felony is...
by Joel Roettger | Jul 11, 2017 | Estate Planning, Retirement Assets
Beneficiary designations trump a will. Tennessee has a statute on it: If a person… designates… a payee or beneficiary to receive payment of the money, securities, or other property upon death of the person making the designation…, the right of 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...
