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Wills & Estates

Estate and Probate

Losing a loved on can be a very trying time. Once the shock of the loss as subsided, the reality of having to handle the closure of ones affairs and estate begins. Let me help you during this time, and make the probate process as easy as it can be.

Why hire Ben?

The #1 Reason is because Ben will save you a ton of money.

Ben charges a $2,500.00 flat fee to perform a full probate of an uncontested estate where all the beneficiaries are getting along and on the same page.  Most lawyers in Robertson County will want to charge you a substantial retainer and then bill you  by the hour.  What should be 8-10 hours of legal work manages to turn into a 5,000.00 to $10,000.00 or more in legal fees. As you get closer to Nashville these fees go up even higher.   I have witnessed families who could have resolved an estate for less than $600 if they were on the same page, but instead all got separate lawyers and the family ends up spending in excess of $50,000.00 in attorneys fees with the same result and outcome (minus all the money charged by the attorneys).   The truth of the matter is, if all the beneficiaries get along and cooperate in the administration of the Estate, then there is actually a relatively small amount of legal work and time involved in probating an estate.  The duties of an executor and the work of marshaling together the assets can be time consuming depending on the size and nature of the estate.   

Why do I need to Probate an Estate?-

There are 2 Reasons: 

(1) To get access to the decedent's money because the bank will not give you access to the funds with out Letters of Administration from a Court, and

(2) to get clear title to property.

What is Probate?   Probate is the process that is necessary for heirs or beneficiaries to obtain access to property and accounts of a decedent, and the process whereby clear title to inherited property can be obtained in order to sell or borrow against real estate previously owned by a deceased persons.  The probate process is also the process whereby claims of creditors of an Estate are filed and resolved.

Depending on the nature of the Estate Assets, you may have several options available to probate your loved ones estate, some of which are less costly and troublesome.

Small Estates-

If your loved one's estate is valued at less than $50,000 without any real estate, you may be able to handle the matter as a small estate.   Small estates save you time and money, as well as hassle. Call Ben today to find out the details!

Full Probate-  

If your loved one's estate is valued at more than $50,000, you may be required to file for a full probate of the Estate, which entails the notice to creditors often seen in classified ads, and a more complex process. This process takes 4 months minimum, and ends with the final payment of any creditors and distribution of the estate to the beneficiaries and/or heirs.

Got Creditors?

If the decedent had any creditors, those creditors generally have one year from the date of death in which to file a claim against the deceased's estate. In some circumstances, it may benefit you to delay opening an estate until after this one-year time period has passed so that creditors claims against the estate are time barred and wiped out.

 

Simple Will Package For Only $250

Planning for the end of your life is not pleasant. Let me help make it a little easier by offering you an affordable, customized “planning package” starting at only $250.

This package includes:

Last Will & Testament

Your Last Will & Testament is one of the single most important documents you can draft. It details your desires for the disposition of your property upon your death. Without a will, your entire estate, whether large or small, will pass by what is known as “intestate succession”. The State of Tennessee has spelled out who gets what and in what proportion, and if you do not have a valid will when you die, the State of Tennessee will determine what happens with your property.

Power of Attorney for Healthcare Decisions

A Power of Attorney for healthcare decisions is a document that allows you to nominate one or more people who will have the authority to make medical decisions for you in the event that you are unable to make such decisions yourself. Being in a position where you are unable to make medical decisions for yourself is bad, but do not make it worse by not having planned for such an event. No one expects to become incapacitated, but it could happen at any time. Protect your healthcare decisions by nominating someone you trust today.

Power of Attorney for Financial Decisions

A Power of Attorney for financial decisions works very similar to a Power of Attorney for healthcare decisions, except, of course, that it pertains to financial matters. This will allow you to nominate one or more people to access your checking accounts to pay your bills, handle business transactions, and more, in the event that you become unable to make such decisions yourself.

Living Will

A living will tells your healthcare provider whether or not you want certain procedures to be performed on you in the event that you are in a situation where your death is imminent. You can determine whether you want to be put on a feeding tube, whether your desire to donate specific organs, and other things.

CONTACT ME TODAY

The Dean Law Firm is committed to answering your legal questions in Tennessee

I offer a free consultation and I’ll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

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