Estate Planning Attorney
in Nashville, Tennessee
An estate plan is an important part of your legacy and can help to assure that your property and possessions are properly handled in accordance with your requests. Planning for what happens after your death or handling the estate administration of a loved one who has passed away can lead to feelings of grief and worry. You need an experienced and compassionate attorney to guide you through these times in your life. At The Law Office of Stacey Angello, we can help.
Sometimes the terminology used in estate planning can sound complicated and be intimidating. This is one of the reasons it is important to have a knowledgeable and experienced attorney to help you create a plan and draft the legal documents to see that your last wishes are carried out. We can explain the vocabulary to you and make sure you understand what type of plan will work best for your situation. The Law Office of Stacey Angello in Old Hickory, TN has the knowledge and experience to help carry out your estate planning goals.
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What is a Will?
A will is a legal declaration of a person’s intentions to be performed after his or her death. A person who has died is called the decedent, and a person who has died with a valid will in place is called a testator. A testament is the intended way personal property is distributed after a person dies. The document that combines the concept of a will and a testament is sometimes also called a last will and testament.
In the will, an executor is normally identified, and this person has the duty to carry out all of the requests and directions of the will and pay any of the estate’s debts. Usually, a will is a written document, but in certain circumstances, an oral will can be submitted to the court for processing, but there are certain time limitations and restrictions that apply to an oral will, which is also called a nuncupative will. If you die without a will, it is called dying “intestate.” The laws of Tennessee will dictate who receives your property in this case, even if the distribution is not what you would have wanted.
The requirements for a will to be valid differ state by state. In Tennessee, two or more people who jointly own property can make a joint will to dispose of their jointly-held property, a mutual will to give each other their property, and a joint-and-mutual will to do both. The Law Office of Stacey Angello can help you decide which type of will would be in your best interests and the interests of your loved ones.
What is Probate?
You may have heard the word probate before, but what is it exactly? Technically, probate is the court procedure where a judge determines whether a will is valid or invalid. In general, the word probate can also mean the entire legal process of administering a person’s estate after their death, whether or not there was a will in place before the person’s death.
When an interested party requests that a will be admitted to probate, the judge will decide if the will is valid by looking at several elements:
1. Signature of the testator
2. Witnesses of the testator’s signature
3. Whether it is a holographic will
4. Whether the will is written or oral
5. Affidavits accompanying the will
In Tennessee, most estate and probate affairs are handled by the Clerk and Master in the County. We have experience with estate and probate matters in Davidson and Wilson counties and with drafting estate planning documents such as wills, trusts, and living trusts to be administered in these Courts. For assistance creating your estate plan or handling the estate administration of a loved one who has passed, contact us today.
Estate Planning Attorney in
Creating an estate plan is essential to protect your assets and make sure the transfer of your property and possessions to your loved ones happens according to your wishes. If you are located in Old Hickory, Nashville, Hermitage, or Lebanon, Tennessee, call us to help organize your plan, to write your will, and to explore whether you might need a trust or living trust.