How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Tennessee
Detailed Answer Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation. When someone with an ownership interest in a corporation dies in Tennessee, the personal representative (also called the executor) steps into the decedent’s shoes to enforce rights and access records. […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in Tennessee?
Detailed Answer Disclaimer: This article provides general information under Tennessee law. It is not legal advice. Overview of Removal Proceedings In Tennessee, interested parties may petition the probate court to remove a personal representative if they mishandle estate assets. A “personal representative” includes executors and administrators who manage an estate. 1. Establish Grounds for Removal […]
Read article →How Can an Interested Party Open Probate for a Decedent’s Estate in Tennessee?
Disclaimer: This article provides general information about Tennessee probate law. It does not constitute legal advice. Always consult an attorney to address your specific situation. Detailed Answer Who Qualifies as an Interested Party? Under Tennessee law, an "interested party" includes any person entitled to share in the estate by blood, marriage, will or intestate succession. […]
Read article →What information and duties is a personal representative required to provide to heirs in Tennessee?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Tennessee for guidance on your specific situation. Detailed Answer Under Tennessee law, a personal representative (PR) administers an estate and owes certain duties to the heirs and beneficiaries. The PR must provide clear information and perform […]
Read article →What steps are required to file probate court documents and publish creditor notices in Tennessee?
Step-by-Step Guide to Filing Probate Documents and Publishing Creditor Notices in Tennessee Probate in Tennessee requires careful preparation, court filings and creditor notice publication. Follow these steps to begin estate administration efficiently. This overview applies when the decedent was domiciled in Tennessee and had assets subject to probate. 1. Determine Proper Court and Venue File […]
Read article →How to Determine if a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in Tennessee
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies owning a vehicle, you must decide if the car must go through probate and become estate property. Under Tennessee law, a vehicle transfer depends on how the decedent held title and any designated beneficiaries. 1. Sole […]
Read article →How to determine the proper venue for opening or transferring a decedent’s estate in Tennessee
Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult an attorney for guidance on your specific situation. Detailed Answer Venue for Opening an Estate in Tennessee Under Tennessee law, you must file a petition to open a decedent’s estate in the proper county. Tenn. Code Ann. § 30-2-101(a) directs […]
Read article →Should an executor in Tennessee confirm available estate funds before settling a creditor claim?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Detailed Answer As executor of an estate under Tennessee law, you have a fiduciary duty to manage estate assets and pay valid creditor claims in proper order. Before settling any creditor claim, confirm […]
Read article →What steps should be taken to negotiate and settle a creditor claim during probate in Tennessee?
Detailed Answer Step 1: Understand Deadlines for Creditor Claims Under Tennessee law, creditors must present claims by the earlier of four months from publication of notice to creditors or one year from the decedent’s death. See Tenn. Code Ann. § 30-3-305 and Tenn. Code Ann. § 30-3-302. Mark these deadlines on your calendar immediately. Step […]
Read article →What Documentation Should an Executor Gather to Respond to a Creditor’s Settlement Demand? – TN
Detailed Answer When a creditor submits a settlement demand against an estate in Tennessee, an executor must verify the claim before approving or negotiating payment. Tennessee law governs creditor claims and requires the executor to gather key documents to evaluate the demand, comply with filing deadlines, and defend the estate against improper claims. See Tenn. […]
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