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Crow Estate Planning and Probate, PLC Estate Planning Lawyers in Tennessee, and Kentucky

Estate Planning Attorney Helping Families

In today’s busy world, it seems everyone has many tasks and activities they are trying to complete. However, one of the most essential responsibilities that individuals should focus on is often neglected.

Nevertheless, estate planning should be a priority, especially for individuals and families with minor children or assets they wish to pass on to their heirs and beneficiaries.

Unfortunately, most individuals mistakenly believe that custody of their children and control of their assets will automatically be passed on to their immediate family. However, this is not always the case, and many families are forced to wait for a significant amount of time or pay costly legal fees to try and obtain the financial resources they need to survive after their loved one passes away.

Therefore, it is in your best interest to create a comprehensive estate plan that outlines your final wishes and gives you peace of mind knowing your beneficiaries will receive your assets. Contact Crow Estate Planning and Probate, PLC, of Kentucky and Tennessee, to schedule a free initial consultation to discuss your estate planning needs

 

Estate Planning Lawyer Helping Families

Why Choose Crow Estate Planning and Probate, PLC?

Expertise

We offer our clients the expertise to secure their legacy for future generations and help protect what matters the most.

Communication

We strive to break down complicated laws into plain language and maintain open communication with our clients.

Quality

The services we offer reflects our commitment to producing top-quality results with respect & professionalism.

Transparency

Our firm focuses on the client, not on the clock. We provide transparent billing and flat rate fees that are provided upfront.

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What Type of Experience Does Your Law Firm Offer in Creating Estate Plans?

Estate Planning Attorneys

Crow Estate Planning and Probate, PLC has been assisting the citizens of Kentucky and Tennessee for years with their estate planning needs. Our founder, Attorney John Crow, is passionate about estate planning and assisting individuals and families to avoid the rigors associated with probate or protecting their assets as they grow older.

Our attorney, John Forrest Kelly, also intensely desires to help clients with their estate planning needs. Through his experience in assisting clients, John quickly realized that he had a talent for being able to help individuals with legal problems that they could not solve alone.

Finally, our other legal team members are committed to achieving positive client results. Because Crow Estate Planning and Probate, PLC focuses solely on estate and business planning needs, we can devote more time, energy, and experience to creating a plan tailor-made for your needs.

If you would like more information about how we can put our experience to work for you, contact our law office to schedule a free consultation to discuss your legal needs.

Estate Planning Lawyers

What Are the Benefits of Estate Planning?

Estate Planning Lawyers

It can be easy to believe that estate planning is only helpful for your beneficiaries after you pass away. However, proper estate planning can assist individuals in their everyday lives, especially as they grow older.

Some of the other benefits of estate planning include:

  • Wills: A legal document that expresses your final wishes, names an executor to handle your estate, and a plan for how you wish your assets to be distributed.
  • Trusts: Creating a trust can prevent your estate from going through a lengthy and costly probate process. Certain types of trusts can also protect your assets from being seized by a nursing home should you eventually require long-term care.
  • Advanced Directive/ Living Will: An advance directive outlines what type of medical treatment you do or do not want should you become incapacitated.
  • Healthcare Power of Attorney: This legal document designates a proxy to act as a proxy to make vital healthcare decisions should you become incapacitated. One significant benefit is that it can prevent a court-appointed guardian from making those decisions for you.
  • Durable Power of Attorney (DPOA): Also referred to as Financial Power of Attorney, a DPOA allows an agent to make financial decisions and sign legal documents if you cannot.

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What Type of Service Does Your Law Firm Offer to Its Clients?

One of the most critical aspects of our law practice is the quality of service we strive to offer our clients. Our legal team recognizes that it can be challenging to try and make decisions that involve thinking about your death and making provisions for your heirs and beneficiaries.

However, the associates of Crow Estate Planning and Probate, PLC know the value of helping the citizens of Kentucky and Tennessee plan ahead for the future. Planning today can help your family avoid uncertainty and costly legal disputes after you pass away.

We take pride in providing our clients with personalized service hand-crafted for their particular needs. Because each client’s circumstances differ, each estate plan will be unique and focus on helping families have the financial resources they need after their loved one dies.

When you choose us to assist you with your estate planning needs, we will thoroughly evaluate your financial goals for your beneficiaries and create a plan that will meet those tasks.

Real Estate Planning Attorneys

Frequently Asked Questions

You must create a new estate plan if you have been recently divorced. Chances are your former spouse was listed as a beneficiary or perhaps even the executor of estate planning legal documents. You most likely do not want your former spouse to have financial control over your assets or the ability to make legal decisions should you become incapacitated. In many instances, individuals now have children they wish to include in their estate plans that may not have been named in the original documents. A well-trained estate planning attorney can advise you of any changes and revisions you should make to protect yourself and your beneficiaries.
Once an individual has passed away, the executor or administrator of an estate in Tennessee is legally obligated to turn in an inventory within 60 days of the decedent’s assets that need to go through probate. They must also notify all individuals named as beneficiaries via a will or by state intestacy laws. Furthermore, the executor or administrator is also responsible for paying all outstanding debts and taxes that the estate may owe. After all other legal tasks have been accomplished, any remaining assets will be distributed to the rightful beneficiaries.
It is never too early to think about estate planning. Anyone at least 18 can create a will or have other estate planning documents, such as an Advanced Directive or Healthcare Power of Attorney. Having these particular documents already in place can save your family from trying to guess what type of medical care you may or may not want if you cannot communicate your wishes on your own. Finally, parents should have, at the very least, a will that clearly expresses who they would like to have guardianship over their minor-age children should they pass away.
Many parents are under the impression that if they pass away without a will, their parents will automatically obtain custody of their children. However, legal issues are rarely that simple in matters pertaining to child custody. For example, in Kentucky and Tennessee, the court will have the final say on who should be a guardian based on the same factors used to decide child custody cases. Family members typically have the highest priority and have the right to file a petition to obtain custody. However, more than one family member often feels they should have custody, which could result in a long, drawn-out legal battle.
In Kentucky and Tennessee, a durable power of attorney (DPOA) ends when the principal (the individual who created it) either revokes it or passes away. However, unlike a traditional power of attorney that is no longer valid should an individual become incapacitated, a DPOA remains in effect. The DPOA is a valuable resource for individuals who worry they may be unable to make legal decisions due to health issues. Additionally, having a DPOA in place can save individuals from being assigned a guardian by the court should they become impaired.
Under Tennessee law, the statute of limitations stipulates that individuals have up to two years to contest a will from the date of the order admitting the will to probate. Kentucky law dictates that any individual who wishes to contest a will also has two years to do so. However, if a complaint is filed in Kentucky within one year of the will being admitted to probate, any assets contained in the will are frozen until the court can decide on the legal issues. If you have legal grounds to contest the terms of the will, it is in your best interests to speak with a qualified attorney immediately who can advise you of your rights.
For an individual to contest a will, they must be able to cite legal grounds as to why the will should not be considered valid. Some of the grounds that the court considers include the testator was not of sound mind when signing the will or undue influence was used to coerce the decedent into signing. Finally, the will was not legally witnessed or signed by the decedent. However, proving the allegations lies solely with the individual who contests the will. The court will review the allegations and decide based on the evidence presented.
Not all assets left by the decedent are obligated to go through the probate process. Some of the most common include life insurance proceeds, property owned in joint tenancy, and property transferred to a living trust. Other assets exempt from probate are payable on death bank accounts, IRA and 401(k) accounts, and other retirement accounts. Having joint assets can significantly help individuals avoid the lengthy probate process and ensure that beneficiaries have the financial resources they need after the death of their loved one. It is best to consult with a knowledgeable estate planning attorney to learn more about assets exempt from probate.
  • Wills: Allow our law firm to help you create a last will and testament that protects your heirs and provides guidelines for distributing your assets.
  • Trusts: Our law firm can provide your information on the various available trusts that suit your legal needs.
  • Living Trusts: Establishing a trust can help your beneficiaries avoid probate and quickly obtain the financial resources they need after you pass away.
  • Power of Attorney: Power of an attorney is a legal document that gives the person of your choice the ability to make decisions on your behalf if you cannot.
  • Elder law: If you need legal advice on elder law issues, contact our law firm to learn how we may be able to help.
  • Probate: Our attorneys have extensive experience handling all manner of probate legal issues and would be pleased to assist you as well.
  • Conservatorships: Contact our law offices immediately if you need help understanding Kentucky and Tennessee's often confusing conservatorship laws.
  • Guardianships: Our knowledgeable legal team will work with you to understand the legal complexities of guardianship in Kentucky and Tennessee.