probate litigation Archives

Famed singer's written wills may lead to probate litigation

If you've been following the news then you've probably heard about the issues surrounding famed singer Aretha Franklin's estate. At first, reports indicated that Franklin died without a will, which meant that all of her assets and debts were going to be subjected to intestate succession and an extensive probate process. This meant that her assets were likely to be divided evenly amongst her four sons. New developments in the case, though, may change the course of her estate.

The trustee's breach of the fiduciary duty in Tennessee

Utilizing one or more trusts can be an effective way to plan for the distribution of an estate. Through a trust, an individual in Tennessee can set terms on the release of assets, thereby giving them control over their estate even long after they gone. These trusts are managed by trustees who are either named in estate planning documents or appointed by a court. These individuals carry a heavy responsibility because they act as fiduciaries, meaning that they must act in a way that furthers the best interests of the trust and its named beneficiaries.

What is the difference in conservatorship and guardianship?

In most states, the terms "guardian" and "conservator" are interchangeable. They each refer to a person who is appointed to make decisions regarding living arrangements, medical care, financial and personal matters of a person, referred to legally as a "ward", who is no longer capable of making such decisions for himself. A guardian or conservator may be appointed by a person who is likely to need their services in the future, or may be court-appointed when the need arises if arrangements have not been addressed.

Writing a letter of instruction to your executor

The preparation of a last will and testament is of utmost importance in the estate planning process to insure wishes are carried out according to your will. However, once you have secured a party to act as executor of your estate and have the necessary documents drafted by an attorney, there is an additional step to consider, which can make a huge difference for your grieving family. Write an informal letter of instruction to your executor.

Probate litigation: When money and family collide

Ask almost anyone who has ever worked within the scope of a probate court, and you will likely hear them all mention one phrase heard time and again... "My family would never be that way." Spoken by parents, children, siblings, cousins, etc., it seems to be a common misconception that once a person is deceased, his or her family will have no problems getting along and agreeing on the distribution of assets. However, this is often not the case. One of the wisest decisions we can make when it comes to our family's peace of mind after our passing is to make sure we have provided a Last Will and Testament as direction.

Email Us For A Response

Put Yourself First

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Hurley Law Firm

The Hurley Law Firm, P.C.
205 Mohican Street
Knoxville, TN 37919

Phone: 865-888-5472
Fax: (865) 546-8121
Knoxville Law Office Map