Navigating probate law can be complex. At McBrien Armistead Law Group, we frequently address queries related to this field. Here are the ten most common questions we encounter:
What is probate law?
Probate law governs the legal process that occurs after a person’s death. It includes validating their will, distributing their assets, and settling their debts.
What does ‘probatable’ mean?
Probatable refers to assets going through the probate process upon the owner’s death. These usually include assets owned solely by the deceased without any designated beneficiaries.
How can I find a probate attorney near me?
You can contact McBrien Armistead Law Group for experienced probate lawyers in Tennessee. We offer extensive support throughout the probate process.
How do you avoid probate?
Avoiding probate can be achieved through various methods like joint property ownership, living trusts, and Payable-on-death (POD) accounts.
Does a will avoid probate?
Contrary to common belief, having a will doesn’t necessarily avoid probate. A will provides instructions for the probate process but doesn’t bypass it.
What is the role of a probate lawyer?
A probate lawyer assists with estate planning, drafting of wills, deciding the executor of an estate, and guiding one through the probate process.
What does probate mean in family law?
In family law, probate involves legally distributing a deceased family member’s assets according to their will or state law if there’s no will.
How is probate handled in Tennessee?
In Tennessee, probate may be formal or informal based on whether there are disputes over the will or estate. An attorney can guide you through the specifics of TN probate law.
Can a will be contested in probate court?
Yes, a will can be contested during probate if someone believes it was executed under duress or the deceased wasn’t of sound mind during its creation.
What happens if there is no will?
If there’s no will, an estate goes through intestate succession, where assets are distributed according to state law.
We hope this list answers your initial questions about probate law. For further queries or legal assistance, don’t hesitate to contact our experienced probate lawyers at McBrien Armistead Law Group.