One of the most common reasons that individuals create their personal estate plans is to take the guesswork out of how they want their assets and property distributed upon their deaths. Wills, trusts and other important testamentary tools may be executed to explain Tennessee residents’ preferences for how they want their wealth given out and who they want in charge of the administration of their estates. However, even a good estate plan can be questioned by heirs and beneficiaries, and when that happens a decedent’s estate may be subject to challenges while in probate.
Probate is the process wherein a person’s assets are collected and passed out according to their wishes and the laws of the state. When individuals disagree with how certain assets will be distributed, they may claim that problems exist in how the decedent’s will was prepared or executed, or that the decedent was not of sound mind when they signed it.
Additionally, challenges in probate can arise when upset parties claim that fiduciaries, such as estate administrators, have breached their legal obligations to the decedents’ end of life estates. A probate court may have to help settle such claims to ensure the efficacy of an estate’s ultimate distribution.
The attorneys of Murfree & Goodman hope that the readers of its blog have confidence in their estate plans and that those plans survive the probate process unscathed. But, when challenges and disputes arise regarding estate plans, they are available to offer legal support and guidance. More information about their probate practice is available online through the firm’s webpage on probate litigation.