Estate & Probate Litigation
Estate planning is just what the title indicates, “planning the Estate.” It is an advance decision made as to in what manner the assets of the individual’s estate shall be distributed upon their death.
Many assets, such as brokerage accounts, retirement plans, stocks, bonds, insurance can bypass probate by simply identifying beneficiaries to the account assets.
Remember Estate Planning is a process, NOT a product.
Life is always changing and so should your estate plan. We at Frank Steiner Law, begin the process by having the prospective client bring documentation of all their assets to the very first meeting. The ultimate goal is an estate plan that plans for the assets of the estate and their ultimate distribution.
Wills and Power of Attorney
It is always a good plan to discuss at the time of the planning and the development of a Last Will and Testament the need for a power of attorney for healthcare potentially a legal power of attorney. At some point in our life, we will be faced with the need to make critical medical decisions. As our client, we help you prepare in advance to make those tense and trying conditions more manageable for you.
“Committed and Dedicated”
Probate is an important legal process necessary for disposing with the decedent’s estate and transferring title in some instances. The probate process is dictated entirely by state law and that law outlines the steps that must be taken to complete the probate process.
The executor of an estate is the person named in the Will to administer the decedent’s estate.
The administrator is the individual that represents the estate of a decedent who died without a Will.
Our attorney represents the estate but works closely with the executor or administrator to ensure the process runs smoothly.
The probate of an estate can be a very emotional experience. Many times the Will may be objected to, resulting in a Will contest or litigation. This is a highly procedural process based on the laws of Tennessee, making it difficult for individuals to undertake without legal assistance.
Only those heirs at law or named beneficiaries in previous Wills can contest a Will. When you contest a Will you are arguing that the Will was either not executed properly or the Testator lacked the requisite testamentary intent (undue influence or lack of mental capacity) to enter into a Will.
Frank Steiner has extensive experience in Will contests. He has represented the Will contestant as well as the estate in defending Will contest.
If you believe you may have grounds for contesting a Will or you represent an estate and you are concerned about a potential Will contestant, give us a call.