Settling an Estate
When someone dies, their estate may require probate or other administration. We help families understand and navigate that process.
Guidance When a Loved One Passes Away
When a loved one passes away, families may face unfamiliar legal and financial responsibilities while navigating a difficult time. Whether your loved one had a will, established a trust, or left no formal estate plan, Elder Law Memphis can help you understand the administration process and the steps needed to settle their affairs.
The process depends on how assets were held, whether a will or trust exists, and the circumstances of the estate. We help families understand their responsibilities, navigate legal requirements, and work toward an orderly administration of their loved one's affairs.
Probate & Estate Administration
Probate is a court-supervised process for administering an estate after someone dies. Depending on the circumstances, the court may determine whether a will is valid, appoint a personal representative (an executor or administrator), oversee the handling of creditor claims, and ensure that remaining assets are distributed to the appropriate beneficiaries.
The process and timeline vary depending on the estate's complexity and applicable state law. Some smaller estates may qualify for simplified procedures, including certain estates that primarily consist of real estate.
Elder Law Memphis can help you understand the probate process, fulfill the required responsibilities, and navigate the administration of an estate, whether large or small.
Trust Administration
A trust does not necessarily eliminate the need for administration after someone dies. A successor trustee may need to manage and distribute trust assets, address tax and reporting obligations, communicate with beneficiaries, and fulfill other responsibilities under the trust document and applicable law.
Even when a trust avoids probate for certain assets, administration can involve important legal and financial considerations. We can help trustees understand their responsibilities and navigate the process of administering a loved one's trust.