Posts filed under ‘Probate’
a note about email
I welcome email contact from folks who read my blog or visit my website. In fact, I generally invite readers to contact me at the end of each blog post if they would like to speak with me directly.
However, I can’t give legal advice via email. If you have an issue that you would like to discuss, feel free to send me a brief email. We can then schedule a time to talk – by phone, Skype or in person – to discuss your issue and how I may be able to assist. Or, you can access our client extranet by making contact HERE, and we will create an account for you. In the extranet, you can request a legal service or ask a legal question, and I will respond promptly.
Please understand that before I can give legal advice or assist you with a legal matter, we must first form an attorney-client relationship. This cannot be accomplished via email communication, but we can create this relationship via our secure client extranet. Until I can obtain certain information from you, I can’t provide legal advice to you in any format. This is a requirement of the ethics rules that govern the practice of law in Tennessee.
IMPORTANT NOTE: PLEASE do not include detailed information in any email communication to me. Email is NOT a secure method of communication and should not be used to share confidential information with anyone.
The information I offer in this blog is general in nature, and may not apply to your specific situation. So, if you have a legal issue (problem, question, etc.), please contact an attorney for assistance. I’m glad to speak with you, or help you find an attorney in your area.
Many thanks for reading my blog!
and more helpful info for executors in tennessee …
I find this to be a bit ironic. Davidson County, Tennessee Probate Court won’t permit an individual executor to open anything but a “small estate” – attorney representation is mandatory otherwise. However, they offer helpful instructions for executors (personal representatives) on the Court’s website. Go figure.
This is a nice little guide. Check it out.
What does an executor do, exactly?
Most folks I meet with in planning an estate – or probating one – are familiar with the word executor. [An executor carries out (or executes) the wishes of someone who has died leaving a will.] But often, they don’t know exactly what an executor does. So, here is what an executor does, in Tennessee, somewhat exactly:
- Identify and take into your possession the decedent’s assets that were owned solely by the decedent;
- Invest estate assets to produce income for the estate during the administration process;
- Identify and notify each person who is owed money by the decedent, i.e. the creditors;
- If a creditor files a proper claim, then pay the debt owed to the creditor;
- Prepare and file the necessary income, gift and death tax returns due;
- Prepare and file any inventories required;
- After paying all claims from creditors and filing necessary tax returns, distribute the remaining estate assets to those named in decedent’s will, or to those who are to receive decedent’s estate under intestate succession, if decedent died without a will (intestate).
What can the executor NOT do?
- the executor cannot use any of the estate assets to pay personal bills;
- the executor cannot use estate assets to pay any of the beneficiaries’ bills until all estate debts and taxes due have been paid.
An executor has a fiduciary duty to manage the estate assets and take the other actions listed above. Most often the executor will work with an attorney, who assists in preparing the necessary documents, notifying creditors and so forth. If an executor chooses to proceed without an attorney – and this is allowed in most Tennessee counties (Davidson County being a notable exception) – then he or she should at the very least consult with an attorney to understand the detailed actions that accompany all of the obligations I describe above.
Questions about serving as executor of an estate in Tennessee? Drop me a line anytime: cnm@csquaredlaw.com or 615.595.7776.
Please note that this information is general in nature and is not intended as legal advice. Always consult with an attorney to determine what the needs of your particular situation may be.
