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 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 | Aug 24, 2017 | Probate, Tax
A recent case from the Southern District of Indiana might make you think twice. Decedent died in Indiana. The claims against the estate totaled $1,812,621.69. The distributable assets of the estate were only $266,872.70. Thus, the estate was insolvent. A significant...
by Joel Roettger | Aug 17, 2017 | Probate
Fee agreements with third parties for the recovery of property held by the Tennessee Division of Unclaimed Property are not uncommon. Such arrangements are now governed by statute: An agreement by an apparent owner and a person, the primary purpose of which is to...
