Trust and Estate Administration

Shepherding you through the after-death maze

The last thing you might want to think about following the death of a loved one is filing papers with probate court and adhering to all the court's labyrinth of rules and regulations. The Mason Law Firm can help relieve your burden at a time when you need to focus on your healing and the healing of your family. Our mission is to guide you through the process, with as little difficulty as possible.

Probate is the process of administering a decedent's affairs after his or her death. The probate court supervises this process and resolves any disputes that arise. If there are no disputes, the court has very limited involvement.

A major part of our planning process is to take steps to try to avoid the probate process. Avoiding probate saves your family money and potential headaches. Even where the plans to avoid probate have not been made, there are some approaches to estate management for smaller estates that may eliminate the necessity of a full estate administration in probate.

Probate appoints the estate executor or administrator

If your loved one dies and had a will, that will names an executor who will be responsible for handling the estate's administration. Usually the executor hires an attorney, who then handles a large part of the estate's administration.

If your loved one dies and did not have a will, that is, the decedent died intestate, the probate court appoints an administrator, usually the decedent's surviving spouse or next of kin, to handle the estate's administration. Usually the administrator hires an attorney to represent him or her in handling a large part of the administration of the estate.

Probate begins with a hearing in front of the probate court judge. The executor or the administrator of the estate testifies about the existence or nonexistence of a will and requests the court to open the estate, legally naming him or her as the executor or administrator. This hearing typically takes only about five to ten minutes and the testimony required consists of general information.

Once appointed by the court, the executor or administrator receives documents referred to as either "Letters Testamentary" (if there is a will) or "Letters of Administration" (if there is no will). These are authoritative documents the executor or administrator needs to wind up the decedent's affairs. Third parties, such as banks or brokerage firms, need copies of these letters in order to transfer assets as directed by the decedent's will or under the laws of intestacy.

The executor or administrator is then responsible for the following:

• Collecting all assets
• Paying valid debts
• Paying any taxes
• Distributing the assets in accordance with the terms of the will or the laws of intestacy

The Mason Firm works regularly with both estate executors and estate administrators to efficiently and effectively administer large and small estates.

Probate can become complicated

Sometimes, issues arise that complicate probate. These may include:

• A contested will
• A creditor claim against the estate that the executor or administrator disputes
• A surviving spouse's right under Tennessee law to elect against the will and receive a statutorily defined percentage of the estate and to elect to receive a year's support from the estate

If you find yourself in any one of these circumstances, you will want an attorney well versed in Tennessee law and probate issues to represent your best interests.

Trust administration is a simpler process. When a decedent has effectively planned to avoid probate, and has executed and funded a revocable trust, the successor trustee must still wind up the financial affairs of the decedent. Death tax returns must be filed, creditors paid, and ultimate distributions made by the trustee. The Mason Law Firm assists clients routinely on closing out trusts after the death of the creator of the trust.

Let the Mason Law Firm shepherd you to greater peace of mind

Contact us today to tell us about your trust and estate administration issue. We serve clients throughout the Mid-South region, Memphis, Shelby County, Jackson and Nashville, Tennessee. Call our office at 901-763-4436 or simply use our online form.