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 | Aug 3, 2017 | Probate
A recent Tennessee court of appeals case is a reminder that there are limits to how far the law on testator’s intent will take you. Who inherits under the following scenario? Decedent died in 2012. She left a will that contained a simple direction: All the rest,...
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 | Jun 27, 2017 | Asset Protection, Estate Planning
How much time must pass between the execution of a prenuptial agreement and the wedding of the parties in order for the agreement to be enforceable? That was one of the issues raised in a recent Tennessee Court of Appeals case. The case involved a prenuptial agreement...
