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Probate/Estate Planning/ Conservatorships/Guardianship/Trusts |
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McBrien & Kane represents clients when a loved one has passed away leaving an estate in need of probate. We also assist in Estate Planning such as Wills, Trusts, Health Care Powers of Attorney, Financial Powers of Attorney and Living Wills. We also can set up a conservatorship or guardianship when necessary to protect a loved one.
Estate planning is one of the most important steps any person can take to make sure that their final property and health care wishes are honored, and that loved ones are provided for in their absence. Though often overlooked or put off in favor of more immediate concerns, a comprehensive estate plan can resolve a number of legal questions that arise whenever anyone dies: What is the state of their financial affairs? What real and personal property do they own? Who gets what? Does a personal guardian need to be appointed to care for minor children? How much tax will need to be paid in order to transfer property ownership? What funeral arrangements are appropriate?
Should you have any questions, feel free to contact McBrien and Kane at 615 449-1717. With three full time attorneys and four paralegals, there is someone always available to take the time to speak with you. |
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What Documents Do You Need for Proper Estate Planning? |
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When a client meets with me about Estate Planning, after some discussion, I usually find that in order to take care of their future needs and desires they will need a Last Will & Testament, a Financial Power of Attorney, a Health Care Power of Attorney and a Living Will.
These are the documents that I personally have. These are also the Estate Planning documents I have prepared for numerous friends and family members. They are simple documents that don’t have to cost a lot of money but can properly take care of all your future needs. |
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Do you need a Trust? Do you need a complicated and expensive Will? |
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Usually not, but it all depends on the value of your estate and certain tax planning aspects of your particular financial situation. However, for most families, the aforementioned documents take care of all their needs and insure when they become ill or pass away, their estates are properly handled.
A Last Will & Testament is a legal document we all need. In the state of Tennessee, if you don’t have a Will, the law establishes who will receive your estate. And you may not like who gets everything you’ve worked so hard to accumulate. Take charge of who gets what, when and under what circumstances in your Last Will & Testament.
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What is your opinion of on-line legal forms? |
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The biggest misconception about on-line legal forms is that they are substantially less expensive than having a proper attorney prepare documents for you. That is categorically false. While certainly, attorney fees can become expensive, if you are looking to have a simple estate planning packet prepared you will find that local attorneys are competitive in their pricing.
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Where do I put my Will for safe keeping? To whom do I give a copy of my Will? |
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I answer these questions everyday by telling my clients what I have done with my Last Will & Testament.
My Last Will & Testament, along with my Powers of Attorney and my Living Will, are all in my desk drawer, in my office.
They are not under lock and key. And I have told many people where they are located.
They are not recorded at the Wilson County Register’s Office and I have not given a copy of them to anybody.
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How Complicated is the Probate Process? |
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I find that many clients have heard that the probate process can be time consuming and very expensive. In other states it often can be. In Wilson County and surrounding counties, with the process can be taken care of in four months and the cost is reasonable.
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What if my family member didn’t have any Power of Attorneys, is now not competent to sign one and can no longer manage their own affairs? |
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Being in a position to have to ask the Court to establish a Conservatorship over a family member or friend is hard. However, often that person can not receive the appropriate medical care or state benefits, unless someone is able to step in and legally help them.
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