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Probate involves matters related to the administration of a deceased person's estate. When a person dies and leaves assets such as bank accounts, investments, and real and personal property, these assets make up a person's estate. The distribution of these assets involves court oversight to ensure that the assets are distributed according to the deceased person's will or by the applicable laws of intestacy if they did not have a will. It's important to note that not all estates automatically go through probate, and the necessity for court involvement depends on the unique circumstances surrounding each individual's estate.

It depends. Some circumstances can be present in a decedent's estate that could relieve you of the need for a probate attorney. Each situation is different and depends on your particular set of facts regarding the disposition of the estate. Find answers and guidance on whether your specific circumstances require an expert probate attorney by filling out the contact form on the Contact Us page of this website.

Absolutely, MTPS provides legal services in jurisdictions across Middle Tennessee, so whether you live here or out of state, we can handle your probate matter that is situated in Middle Tennessee.

Conservatorship is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in the least restrictive manner, from a person with a disability who cannot make decisions. Taken from T.C.A. 34-1-101 (4B)  A conservatorship situation will often arise from a combination of advanced age, illness, disability, and other incapacitating conditions. 

A conservatorship can be a Conservatorship of the Person which pertains to decisions related to the individual's personal care, encompassing aspects such as medical treatment, living arrangements, and daily activities. It can also be a Conservatorship of the Estate also known as Conservatorship of Property which involves decisions concerning the individual's financial matters, including managing assets, handling bills, and making financial investments.  It can also be for both the person and the estate.

T.C.A. 34-1-101 4(A) Conservator means a person or persons appointed by the court to exercise the decision-making rights and duties of the person with a disability, in one or more areas in which the person lacks capacity. Taken from T.C.A. 34-1-101 (4A) 

The definition of a disabled adult in the context of establishing a conservatorship is uniquely defined in our Tennessee laws found in the Tennessee Code Annotated chapter 34. This can mean that if a person does not meet the disability requirements under our federal social security laws, it does not necessarily mean they are not a disabled adult under this chapter. 

When determining if a person needs a conservatorship, the Probate Court relies on the report by the person's physician. This is a decision the Court does not take lightly and will want to hear your input, the input of the family, and it may order other reports to be completed to assist in its decision. Your probate attorney will help you with this process. 

Determining whether your mom needs a conservatorship is a weighty decision involving assessing your mom's ability to make sound health and financial decisions for herself. While Dementia affects an individual's cognitive abilities, it's important to recognize that the severity of this condition varies. Therefore, not everyone with Dementia automatically requires a conservatorship.  An assessment by a physician to determine where on the spectrum of decline your mom's cognitive impairment falls is pivotal in determining whether a conservatorship is warranted.