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Johnson City Wills & Probate Lawyer, Tennessee


Includes: Estate Administration, Living Wills, Wills

Billie J. Farthing

Corporate, Federal Appellate Practice, Federal Trial Practice, Litigation, Wills & Probate
Status:  In Good Standing           

J. Eddie Lauderback

Corporate, Estate Administration, Federal Appellate Practice, Federal Trial Practice, Litigation
Status:  In Good Standing           

James E. Brading

Corporate, Employment Discrimination, Estate Administration, Estate Planning, Federal Appellate Practice
Status:  In Good Standing           

Edward T. Brading

Bankruptcy, Corporate, Estate Administration, Federal Appellate Practice, Federal Trial Practice
Status:  In Good Standing           
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Thomas C. McKee

Corporate, Estate Administration, Estate Planning, Federal Appellate Practice, Federal Trial Practice
Status:  In Good Standing           

Amber Floyd Lee

Administrative Law, Elder Law, Family Law, Wills & Probate
Status:  In Good Standing           

Amber Lee

Administrative Law, Elder Law, Family Law, Wills & Probate
Status:  In Good Standing           

Harry Curtis Williams

Corporate, Reorganization, Family Law, Wills & Probate
Status:  In Good Standing           Licensed:  48 Years

Bradley Griffith

Insurance, Labor Law, Family Law, Wills & Probate
Status:  In Good Standing           

Holly Lyn Cowart Booksh

Administrative Law, Labor Law, Elder Law, Wills & Probate
Status:  In Good Standing           

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LEGAL TERMS

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)
The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

SAMPLE LEGAL CASES

In re Estate of Davis

... In this interlocutory appeal, the administrator of the estate of the decedent argues that a petition for probate, filed more than two years after the probate of an earlier will, is time-barred by Tennessee Code Annotated section 32-4-108, and, therefore, the trial court erroneously ...

In re Estate of Ridley

... J., joined. The issues in this appeal are whether the probate court's order construing the decedent's will was a final judgment and, if so, whether the appellee's notice of appeal was timely. ... The probate court entered an order construing the will on September 17, 2004. ...

GEORGIA O'KEEFFE FOUNDATION v. Fisk Univ.

... Mr. Stieglitz's Last Will and Testament was admitted to probate in the Surrogate's Court of New York County, New York, on September 13, 1946, at which time his widow, Georgia O'Keeffe, was appointed Executrix of the estate. ...