Q: If I must probate and hire a lawyer, only to have the said will put up for a disputed will then....
What is the point of having a will to begin with? I'm confused.
A: "Probate" is the process of having a will legally recognized as the last wishes of the deceased. If there is a dispute about which will is the "right" one, or a dispute about the validity of the will, that's what Judges do- the Judge ( or Jury, in some cases) decide the dispute. This does not always happen, and in most estates, it does not happen. However, it is the process we must operate under, and trying to avoid it usually causes more problems.
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A: Probate is not required by law in Tennessee. But unless a Will is Probated it has no effect. There are many methods of arranging one's perspective estate so that no Probate is needed. Hire a competent attorney to either plan your property holdings at your death or to determine if a present Estate should be administered in Probate.
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