Our Franklin, Tennessee, Practice Areas

Our legal practice in Franklin focuses in estate planning, estate settlement, probate, and administrative law. As an estate planning law firm, we are able to meet all of your legal needs when planning for the future. Along with drafting wills, trusts, and powers of attorney, he can help you avoid probate and protect your assets from nursing homes, divorce, lawsuits, and creditors.

Estate Planning

You may have been putting off making an estate plan because it’s just too hard to think about your own incapacitation or death. This is not uncommon among our clients. We understand how difficult it is to think about those who will be left behind, but we also know how much harder it will be for your loved ones if you do not have an estate plan in place. Without establishing a trust that specifies your wishes, your property, savings accounts, and investments could be tied up in court and subject to tax penalties that could be easily avoided.

When you work with Franklin, TN, estate planning attorney Daniel Perry, you will be making decisions that will make your passing easier on your family. Life is unpredictable and planning your estate now will give you the peace of mind that—should the worst happen unexpectedly—your family will be taken care of.

Probate

When a loved one dies with or without a will, his or her assets will have to go through probate before passing to surviving family members. The deceased’s final affairs—such as paying bills and settling taxes—will also be taken care of during the probate process. While it may sound simple enough, Tennessee probate is actually a long, drawn-out, expensive process involving many court filings, appearances, and seeking permission from a judge for any actions involving the estate.

While there may be an executor appointed by the loved one’s will, you should consider hiring an experienced probate attorney to help with the complicated process. An attorney can help you ensure that the deceased’s wishes are honored and that the assets are protected as much as possible. An estate planning attorney can also help you make a plan to avoid the probate process when you die.

Trust and Estate Administration

Our Franklin, Tennessee Trust and Estate Administration Attorneys Are Here to Help!

Settling a trust and estate can be a difficult process. You are already grieving from the loss of a loved one. Now, you have to go through the process of paying the final bills, cleaning out the home of all your loved one's belongings, distributing the property in accordance with your loved one's wishes, and maybe even selling the real estate. Also, one false move can subject you to personal liability to the estate!

You shouldn't go through this process alone! Our Tennessee Trust and Estate Administration Attorneys are Here to Assist You!

Call Our Office Today at (615) 472-2482 to Discuss Your Trust and Estate Administration Needs. We Are Here to Help!

Estate and Capital Gains Tax Planning

Our Franklin, Tennessee Estate and Capital Gains Tax Planning Attorneys Are Here to Help!

Settling an estate following the death of a loved one is difficult, dealing with the IRS can be a nightmare.

We help clients plan for the payment of estate taxes, engage in estate tax minimization and avoidance strategies, and advise clients on potential capital gains tax strategies.

If you have questions about estate and capital gains taxes, before you do anything, download our FREE report. If we can be of any help, please give us a call!

Protecting Your Heirs

Our Attorneys Are Here To Help!

We routinely represent clients and families in planning their estate with asset protection in mind. Unless you plan carefully, your children's inheritance could be lost due to divorce claims by a child's future spouse, lawsuits, litigation, and even other predators. Planning your estate with asset protection for your children in mind can prevent this possibility from ever occurring.

Call us today at (615) 472-2482 to speak one of our Tennessee Attorneys to protect your children's inheritance from divorce and creditor claims.

Asset Protection

Protecting What You Have Spent a Lifetime Building Is Extremely Important! Do Not Lose It To a Lawsuit, Divorce Claims, Creditors, or Other Predators. Contact the Asset Protection Attorneys at Thomas Walters, PLLC Today!

Business and Corporate Law

Nashville, Tennessee Business and Corporate Attorneys, Are Here to Serve Your General Business Legal Needs. Ask Us About the Business Advisor Program!

Business Succession Planning

Every business owner must plan for the future. Whether it is planning to exit your business, planning for who will take over in the event of your death, and even planning so that you surviving spouse receives a mandatory payout for your share of the business when you pass away (all outside of court!)

Whatever your plan may be, our Tennessee Business Succession Planning Attorneys are Here to Help!

Call Our Office at (615) 472-2482 to Discuss Your Business Succession Legal Needs!

Probate and Trust Litigation

Our judicial system was created for the orderly resolution of disputes, with the trial as the part of our judicial system designed to find out the truth in every case and controversy.

Unfortunately, there are situations that must involve the judicial system. Our law firm’s litigation practice group is exclusively limited to the areas of Probate and Trust Litigation. Listed below are number of the representative areas in which we represent clients in the Probate and Trust Litigation Practice Group.

 

Probate Litigation

 

Will Contests

 

There are times when it becomes necessary for the heir of an estate to contest the validity of a Last Will and Testament (commonly referred to as a Will). This usually occurs when an heir, who believes that he or she was an heir of the estate, discovers at death that he or she is not or is no longer the heir of an estate. What follows below are a number of ways that the Will may be contested in Tennessee.

 

Undue Influence. These cases involve an end-of-life caretaker, neighbor or family member who has unfairly influenced the terms of the Will. This is most often seen when a Will is changed, amended, or altered in close proximity to death.

 

Lack of Mental Capacity. Under Tennessee law, the testator (the one who signed the Will) must have the mental capacity to create a will. If the person did not have metal capacity to do so, the will can be challenged and declared invalid. One example may be where the testator did not understand who their family members were or did not understand the assets that he or she did hold when writing or amending their Will.

 

Lack of Formalities. Tennessee law requires that Wills be signed by the testator, be in the presence of two independent witnesses, that a self-proving affidavit be signed by the witnesses and testator, and that the signatures be notarized. If this was not done, the Will may be considered invalid.

 

Fraud or Mistake. Will contests can often occur because of allegations of fraud, misunderstanding, or mistake.

 

Contested Guardianships and Conservatorships

A conservatorship is a court proceeding whereby an individual, usually a family member or close friend, asks the Court to appoint someone to manage the healthcare and/or finances of another who no longer has the mental capacity or physical ability to do so on his or her own, whether because he or she lacks the ability to manage healthcare and finances, or is unable to resist fraud or undue influence.

Under some circumstances, Conservatorships and Guardianship proceedings can become contested between family members and extended family members.

Our law firm focuses on representing clients in both non-contested and contested Guardianship and Conservatorship proceedings before all Tennessee Courts.

 

Trust Litigation

When you’re faced with the troubling aspect of protecting your rights or facing family in court, you need a tough, smart, and talented litigator on your side.

Trusts are formed when a person transfers personal or business assets from their own name into a trust. Creating a trust helps to avoid probate at death, provide the ease of estate settlement at death, minimize the exposure to estate taxes, protect heirs from creditors/divorce/lawsuits/bankruptcy/etc., and provide care for a special needs adult child, just to name a few. But sometimes, problems arise in the funding and administration of trusts, either before or after the death of the Settlor (the person who created the trust). It’s at this point that you need smart and sound advice from a probate and trust litigation attorney.

If you are involved in trust litigation as a beneficiary, trustee or personal representative of a decedent’s estate in Tennessee, the attorneys at Thomas Walters can advise you about your rights, responsibilities, and legal options in dealing with the litigation.

Here are a list of some issues that might require probate court resulting from the administration or funding of a trust:

 

  • Issues of competence, undue influence or duress at the time the settlor created the trust or during the administration of the living trust
  • Charges of waste or improper asset administration against the trustee
  • Disputes between a trust’s income beneficiaries and the asset beneficiaries
  • Problems resulting from the failure to properly or completely transfer title to assets into the trust during the life of the settlor
  • Allegations of fraud, misappropriation or self-dealing against the trustee
  •  

Our Trust litigation team can help you to resolve any problem relating to trusts – whether it is about the formation of the trust or management of the trust assets. Some common solutions to unforeseen problems include:

  • Reformation of a trust to fit new unanticipated realities
  • Removal or replacement of a trustee
  • Detailed accounting of the trustee’s management of trust assets to track and quantify improper transactions
  • Contest or defend ownership of assets in a dispute between trustees and a decedent’s estate representatives

At Thomas Walters, we represent all sides of trust litigation – settlors, trustees, and beneficiaries – throughout all of Tennessee. We can also serve the needs of clients who reside outside the State of Tennessee, but hold an interest in a Tennessee trust in any capacity.

If you are in need of counsel and advice regarding a Probate, Guardianship/Conservatorship, or Trust litigation matter, please contact our office today for an initial consultation at (615) 472-2482 or you can e-mail us at [email protected].

As always, we are here to help!

 

Probate and Trust Litigation Appeals

 

 

Regardless of which side wins or loses, appeals are often inevitable in the life of every court case. The appellate lawyers at Thomas Walters are fully prepared to defend decisions in their clients’ favor, as well as argue for the reversal of unfavorable decisions.

Our estate, probate, and trust litigation attorneys are highly skilled appellate lawyers. Thomas Walters is a full-service and cost-effective resource for trial and appeal in the estate, probate, and trust litigation field.

If you are seeking to appeal a conservatorship, estate, or trust decision, contact our law firm today to meet with one of our Tennessee lawyers.

A client has the right to appeal any will, trust, estate, or conservatorship decision. We are committed to providing our clients with cost-effective and efficient trust and estate litigation and mediation services of the highest quality.

If your case pertains to an estate, if a decision has been reached at the trial court level, and you would like to appeal that decision, or if you need to defend a favorable decision, contract the appellate attorneys at Thomas Walters to discuss your case.