Memphis attorney Vincent Perryman discusses Probate Law with Scott Peatross

Memphis attorney Vincent Perryman discusses Probate Law with Scott Peatross and what Memphis Probate court does. When a person dies their estate has to enter into probate. Probate court also handles guardianships for minors and if the child inherits money. The court will appoint a guardian for a child until they are 18. Probate court also deals with a conservatorship. A conservator is a person that is appointed to handle the affairs of a disabled adult. Typically the conservator will be in charge of the disabled adults property, managing their property, paying bills, and also be in charge of the person as far as making medical decisions. Probate court handles name changes for people as well. Probate court hears mental health commitments. Generally Memphis Probate court handles estates. At some point after someone dies there is a need to dispose of their property. Bank accounts, car, or creditors will need to be notified and closed. Probate court is designed to help rap up the final affairs after someone passes in an orderly way. In a situation where there is a will, the court assures the will was followed. If there is not a will the court assures the property is distributed in accordance to the Tennessee's in testate succession laws. This law says where the property goes in the event there is no will. Even if the will appoints someone as the executor of the will it still does not make it legally binding until Probate court appoints the individual executor or administrator of the will and assigns letters of administration for the estate. These documents give you the rights to administer the will. The Probate Court also verifies the will is complete, probated and legal. Probate court provides a forum for settling disputes over estates as well. The disputes can be over the legitimacy of the will and whether it is valid or not.

During Probate a will may be invalidated because the person's will was drafted during an incompetence or under pressure from a third party to demand the will's signer to do something they did not want. The will can also be invalidated if the signer is under 18 or the will is forged. If the original will cannot be found but the Memphis attorney has the copy of the will you have to show to the probate court that the will was lost and not disposed of by the signer. Small estate affidavits are when the estate enters Probate and the estate is worth $25,000.00 or less. You do not have to have an attorney to open an estate. The person that signs the affidavit is responsible for dispersing the belongings and closing the desceased's affairs. In Memphis, TN a person's real estate does not become a part of the probate estate, but becomes property of the survivors. If the estate is insolvent, or the debts are more than the money that is in the estate, the real estate can be pulled into the probate and sold to cover the debt.

The probate process is necessary whether the deceased had a will or not. The in testate process is different from the probate process in that the estate is in testate if their is no will. When the estate is in testate the court has to appoint someone as an administrator if the family can not choose one. If there is a significant amount of money that is left to the heir and the heir is a minor, the court has to appoint a guardian for the minor. The guardian is responsible for dispersing the money to the minor once they turn 18. In a conservatorship case and someone is disabled or unable to handle their affairs then someone will have to be appointed to handle the probate of the estate in lieu of the disabled person. The court will specifically list which rights are transferred to the conservator from the disabled to protect the disabled individual.