What Does an Estate Lawyer Do After Death?

When a loved one passes away, their estate—the assets, debts, and belongings they leave behind—must be managed and distributed according to their wishes or, in the absence of a will, by state law. This process can be complex and emotionally taxing. This is where an estate lawyer steps in to guide families through the legal process. For those in Nashville, finding a reputable Nashville estate planning attorney is crucial to ensuring that everything is handled smoothly and according to the law. But what exactly does an estate lawyer do after death? 

Initial Steps After Death

The first step an estate lawyer takes after a person’s death is to guide the family through the immediate legal and logistical requirements. This often begins with the probate process.

Filing the Will and Beginning Probate

An estate attorney can assist the family with filing the deceased’s will with the probate court. This step officially starts the probate process, where the court validates the will and authorizes the executor to manage the estate. If there is no will, the estate lawyer helps the family navigate intestate succession laws, which dictate how the estate is to be distributed.

Securing and Valuing Assets

After the initial steps, the next responsibility is to secure and protect the deceased’s assets. This may include everything from real estate and bank accounts to personal belongings and investments. Appraisers can assist to determine the value of these assets. Accurate valuation ensures that the estate is distributed fairly among the beneficiaries and that any debts or taxes are appropriately handled.

Managing Debts and Taxes

An essential role of the executor of the estate is to ensure that all of the deceased’s debts and taxes are paid before the estate is distributed to the heirs during the probate process. Once the probate process has begun, the case will move into a creditor period where any and all creditors of the deceased will need to be notified of the deceased’s death. This includes notifying creditors, settling outstanding debts, and filing the necessary tax returns.

Addressing Outstanding Debts

When a person passes away, their debts do not simply disappear. The estate is responsible for paying off these obligations. The executor of the estate will help identify all outstanding debts, negotiate with creditors if necessary, and ensure that payments are made from the estate’s assets. If the estate does not have sufficient funds to cover the debts, an estate lawyer can advise the executor on the best course of action.

Filing Estate Taxes

In addition to managing debts, the executor is responsible for ensuring that all required tax returns are filed. This includes the deceased’s final income tax return and any applicable estate tax returns. In Tennessee, while there is no state estate tax, federal estate taxes may apply depending on the size of the estate. The lawyer will also ensure that any taxes owed are paid from the estate’s assets before distribution to the beneficiaries.

Distributing the Estate to Beneficiaries

Once debts and taxes have been settled, the executor distributes the remaining assets to the beneficiaries according to the will or state law.

Resolving Disputes Among Heirs

One of the more challenging aspects of estate administration can be managing disputes among heirs. Conflicts can arise over the interpretation of the will, the distribution of assets, or the management of the estate. A skilled Nashville estate planning attorney can mediate these disputes, helping to resolve them amicably and in accordance with the law. In cases where disputes cannot be resolved through mediation, the lawyer may represent the estate in court.

Overseeing the Transfer of Assets

The executor transfers assets to the beneficiaries. This can involve the transfer of real estate titles, the distribution of funds from bank accounts, and the allocation of personal property. The lawyer ensures that all transfers are executed properly and that any necessary legal documents are completed and filed.

Ensuring a Smooth Process with Rochford Law & Real Estate Title

Navigating the complexities of estate administration can be overwhelming for families, especially during a time of grief. A Nashville estate planning attorney plays a crucial role in guiding families through this process, ensuring that all legal requirements are met, debts and taxes are paid, and the estate is distributed according to the deceased’s wishes.

At Rochford Law & Real Estate Title, we understand the importance of handling your loved one’s estate with care, professionalism, and respect. Our experienced team is here to assist you every step of the way, providing the expertise needed to ensure a smooth and efficient process. Visit us at Rochford Law & Real Estate Title to learn how we can support you during this challenging time.