Probate includes both testate and intestate estates as well as Partition actions.  Attorneys at Parker & Pugh draw up Wills and help with estate planning.  Sometimes a Special Needs Trust is advisable regarding the preservation of real estate of the decedent. Please contact us regarding whether or not this would apply to your estate planning.

The death of a family member is a stressful time for family and they have many questions about their loved ones property and assets.  Our attorneys are very knowledgeable about the probate process and will be happy to patiently explain how it works and what needs to be done.   Our attorneys also have experience in filling the role of Executor if the heirs feel that they are unable to deal with the pressure.

Our firm also can set up Special needs trusts while planning your estate in order to help keep real property from being lost due to nursing home care or TennCare bills.

There are important procedures to follow before inheritance can be distributed to heirs when a loved one passes away. If your spouse or parent has passed away, it is important to find out if the Decedent had a Will who was named as the personal representative (Executor) to handle legal proceedings. Once you contact us, we will protect your loved one’s intentions, while addressing all of your legal concerns, such as:

• Is there a Will? Many people believe that if there isn’t a will, assets pass to heirs without going through probate. However, probate is still required and assets will be distributed according to Tennessee intestate laws.  Access to bank accounts and property is limited without Letters of Testamentary provided by the Court.
• How long does it take to probate an estate? Probate and estate administration can vary significantly depending on the complexity of the estate, if there are probate disputes and various other factors. However, notification of the death must be given to creditors through required publication methods and creditors must be given four months from the date of the publication to make claims against the estate in most cases.
• What else do I need to know? In order for assets to be distributed and for the estate to close, Tennessee law requires all known claims/debts to be paid or resolved, estate tax matters handled and TennCare matters addressed. If it is determined that the estate is not large enough to be a taxable estate, an inheritance tax clearance letter is required. Also, whether or not the decedent received TennCare benefits, a TennCare release is also mandatory prior to closing the estate.

Parker & Pugh has a long-standing tradition of providing peace of mind in all aspects of estates, wills and trusts. The lawyers at Parker & Pugh understand that no two estates are the same. To that end, it is important that an estate and probate lawyer thoroughly review all of the financial details and assets in each case, and gain a full understanding of the goals of each client. Parker & Pugh has served Montgomery and Stewart counties faithfully since 1967.