attorneyashleyownby

Can a Surviving Spouse Receive a Share of an Intestate Estate in Tennessee?

Wed, 01 Apr 2026 20:25:04 GMT

People often assume a husband or wife automatically inherits when a spouse dies without a will. In Tennessee, that is not always true. While a surviving spouse often does receive an intestate share, there are important situations where the answer is no. Whether a spouse inherits depends on the legal relationship, the timing of death, and whether the property even belongs to the probate estate. Tennessee's intestacy statute gives a surviving spouse a share in many cases, which is exactly why these exceptions matter.

First, what is an intestate estate?

An intestate estate exists when someone dies without a valid will, or when some probate property is not effectively disposed of by a will. Tennessee law then decides who inherits that probate property after debts and charges are paid.

So when can the answer be no?

1. No, if the person is not legally a surviving spouse

The law only gives intestate rights to a legal surviving spouse. If the marriage was invalid, ended in divorce before death, or otherwise does not qualify under Tennessee law, that person may have no intestate share at all. This is often one of the first issues examined in probate when inheritance rights are disputed. This is an inference from the statute's use of "surviving spouse," which means legal spouse status matters.

2. No, if the spouse did not survive the decedent by 120 hours

Tennessee applies a 120-hour survival rule. If a spouse does not survive the decedent by at least 120 hours, that spouse is treated as having predeceased the decedent for intestate succession purposes. In plain terms, if both spouses die close in time and the surviving spouse lives less than five days longer, the answer may be no.

3. No, if the asset is not part of the intestate probate estate

Not every asset passes by intestate succession. Some assets transfer outside probate, depending on title or beneficiary designation. That means a spouse may have no intestate claim to a specific asset because that asset never becomes part of the intestate estate in the first place. Probate administration materials from Tennessee courts distinguish estate administration from assets that pass by other mechanisms.

4. No, if the spouse is claiming more than Tennessee intestacy allows

Sometimes the real question is not whether the spouse gets anything, but whether the spouse gets a particular house, bank account, or the entire estate. The answer can be no. Tennessee law provides that when the decedent leaves surviving issue, the spouse receives either one-third or a child's share, whichever is greater - not necessarily the whole estate. So if the question is, "Does the spouse get all of it?" the answer may be no.

5. No, if the claim involves rights that require separate, timely action

Some spouse protections are separate from intestate inheritance, such as elective share and certain allowances. Those rights can be lost if they are not timely asserted. Tennessee authority shows these claims can be time-barred when filed too late. That does not erase every possible inheritance right, but it can make the answer no as to the specific relief requested.

Why this distinction matters

In Tennessee, the broad statement "a surviving spouse does not inherit from an intestate estate" is wrong. The more accurate statement is this: a surviving spouse can inherit, but not always, and not always from every asset. The answer turns on the probate estate, the family structure, and whether the spouse legally qualifies and survived long enough under Tennessee law.

The bottom line

Can a surviving spouse receive a share of an intestate estate in Tennessee? Often, yes. But in some cases, the answer is no. If the person is not legally a surviving spouse, fails the 120-hour survival rule, or is claiming property that does not pass through intestacy, Tennessee law may prevent that person from receiving an intestate share.

If you are dealing with a probate dispute in Tennessee, getting clear legal advice early can make a major difference in determining whether a surviving spouse has rights in the estate at all.

Can You Write Your Own Will on Paper?

Mon, 09 Feb 2026 17:34:08 GMT

Many people wonder if they really need a lawyer to create a will, or if they can simply write one themselves on paper. The short answer is yes, in some cases you can write your own will. However, whether it is valid and whether it will actually work the way you intend depends on how it is written and the laws in your state.

Here is what you should know before deciding to create a will on your own.

Is a Handwritten Will Legal?

A handwritten will is often called a holographic will. Some states recognize holographic wills, while others do not. In states where they are allowed, the will usually must meet specific requirements.

Common requirements include:

The will must be written entirely in your own handwriting
You must clearly state that the document is your will
You must sign the will
The will must show that you were of sound mind when writing it

If your state does not recognize holographic wills, a handwritten will may not be valid at all, even if your intentions are clear.

Does a Will Have to Be Typed?

No, a will does not have to be typed. Both typed and handwritten wills can be valid, depending on state law. Typed wills usually require witnesses to be legally enforceable, while handwritten wills may or may not require witnesses depending on the state.

Because rules vary, it is important to understand your local requirements before relying on a handwritten document.

What Makes a Self-Written Will Risky?

While writing your own will may seem simple, there are risks to consider.

Common issues include:

Unclear language that leads to disputes
Forgetting to name an executor
Not accounting for all assets
Conflicting instructions
Failing to meet witnessing or signing requirements

Even small mistakes can cause delays, legal challenges, or cause a court to ignore parts of the will entirely.

When Writing Your Own Will Might Be Enough

A self-written will may be appropriate if:

Your estate is very simple
You have few assets
You want everything to go to one person
You do not have minor children
You are comfortable researching your state laws

In these cases, a basic will can be better than having no will at all.

When You Should Consider Professional Help

You should strongly consider legal help if:

You own property in multiple states
You have a blended family
You want to set up trusts
You have minor children and need guardianship plans
You want to minimize taxes or avoid probate issues

An improperly written will can cost your family far more in legal fees than the cost of getting it done correctly in the first place.

Tips If You Decide to Write Your Own Will

If you choose to write your own will, follow these tips:

Use clear and simple language
Clearly title the document as your last will and testament
List your assets and beneficiaries clearly
Name an executor you trust
Follow your state’s signing and witness rules exactly
Store the will in a safe place and tell someone where it is

Final Thoughts

Yes, you can write your own will on paper, but that does not always mean you should. While a handwritten will can be legally valid in some states, mistakes are easy to make and can create serious problems later.

If your situation is anything beyond very simple, getting professional guidance can give you peace of mind and help ensure your wishes are honored exactly as you intend.

How to Exempt Debts in Probate: What Families Should Know

Fri, 09 Jan 2026 15:43:39 GMT

When someone passes away, their estate often goes through probate. One of the most common concerns for families is debt. Many people worry that all debts must be paid immediately or that personal assets are automatically at risk. In reality, probate law provides important protections, including exemptions and strict rules for creditors.

Understanding how debts are handled can help you protect estate assets and avoid paying more than required.

Creditors Must File a Claim

In probate, creditors do not get paid automatically. They must follow a formal process.

After probate is opened, notice is given to known creditors and published publicly. Creditors then have a limited amount of time to file a claim against the estate. If a creditor fails to file a claim by the deadline, that debt is usually barred and does not have to be paid.

This means:

Old debts do not automatically survive death
Family members are not responsible for filing claims on behalf of creditors
Missed deadlines can eliminate otherwise valid debts

One of the biggest mistakes families make is paying bills before knowing whether a creditor has properly filed a claim.

The Inventory Determines What Can Be Used to Pay Debts

Early in probate, the personal representative must file an inventory of the estate. This document lists all assets owned by the deceased at the time of death and their estimated values.

The inventory is important because:

Only probate assets listed in the inventory can generally be used to pay estate debts
Some assets never become part of probate, such as certain joint accounts, payable-on-death accounts, or assets held in trust
Exempt property is identified during this process

If an asset is not part of the probate estate, creditors usually cannot reach it.

Exempt Property Is Protected From Creditors

Most states allow certain assets to be exempt from creditor claims. These exemptions are designed to protect surviving spouses and family members.

Common examples of exempt property include:

A portion of the homestead or primary residence
Certain personal property like furniture, clothing, and vehicles up to a value limit
Retirement accounts and life insurance proceeds payable to a beneficiary

If property is exempt, it generally cannot be used to pay unsecured debts, even if creditors file timely claims.

Not All Debts Are Treated the Same

Even when creditors file claims correctly, debts are paid in a specific legal order. Administrative expenses, funeral costs, and taxes often have priority. Lower-priority debts may go unpaid if estate assets are insufficient.

This is another reason families should never assume all debts must be paid in full.

Get Guidance Before Paying Any Debts

Probate rules are strict, and mistakes can be costly. Paying a debt too early or from the wrong asset can eliminate valuable protections that the law provides.

Before paying any creditor:

Confirm a valid claim was filed on time
Review the probate inventory carefully
Identify exempt and non-probate assets
Understand debt priority rules

Working with an experienced probate attorney can help ensure debts are handled correctly while preserving as much of the estate as possible for heirs.

Caring for Loved Ones — Abuse, Estate, and Probate: What Families Should Know

Thu, 11 Dec 2025 17:05:02 GMT

How to Recognize Nursing Home Abuse and Navigate Probate for Your Family's Protection

When families entrust elderly loved ones to nursing homes or assisted-living facilities, they expect compassionate care, respect, and safety. At life’s end, they also expect their affairs — assets, debts, property — to be handled properly so heirs are protected. Unfortunately, both care and estate planning bring risks: some residents suffer neglect or abuse, and without proper planning, probate or estate issues can complicate inheritance and family peace.

This guide brings together what you need to know about identifying and acting on nursing home abuse — and about how probate works, when it helps, and when careful planning can avoid it.

Recognizing and Acting on Nursing Home Abuse

What Counts as Abuse or Neglect

Nursing-home abuse can take many forms, including:

Physical mistreatment (hitting, pushing, excessive restraint, rough handling)
Emotional abuse (humiliation, threats, deliberate isolation or neglect)
Sexual abuse or harassment
Neglect: failure to provide basic care such as food, water, hygiene, medical treatment
Financial exploitation: unauthorized use of a resident’s funds or property

Even if neglect is unintentional — for example, due to poor staffing, under-training, or lack of supervision — it can still be actionable if harm results. ashleyownbytn.com+2Department of Justice+2

Common Warning Signs Families Should Watch For

Be alert to any of the following red flags:

Unexplained bruises, fractures, burns, or injuries
Sudden weight loss, dehydration, or signs of malnutrition
Bedsores, untreated infections, or declining hygiene
Medication errors or missed doses
Changes in mood: withdrawal, fearfulness, or “shutting down”
Dirty or stained clothing or bedding, unclean environment
Unexplained bank withdrawals, missing personal items, or other signs of financial exploitation

If you observe concerning signs — especially multiple ones — document them carefully: take photos, record dates and times, note who you spoke with, and save any communications. Then reach out to facility management and, if appropriate, adult protective services. ashleyownbytn.com+2The Dickson Firm -+2

When Abuse or Neglect Is Legally Actionable

Abuse or neglect becomes actionable when:

The nursing home (or staff) violated the duty of care owed to the resident;
That violation caused injury, harm, or death;
The harm resulted in damages — medical bills, emotional suffering, financial loss, wrongful death, etc. ashleyownbytn.com+2Cochran Firm+2

Families may have grounds to file a civil lawsuit for negligence, abuse, wrongful death, or financial exploitation. A qualified attorney experienced in elder-law and personal injury can review medical and facility records, interview witnesses, work with experts, and help pursue claims or settlements. The sooner you seek legal advice, the better — early intervention helps preserve evidence, protect rights, and prevent further harm. ashleyownbytn.com+2Nursing Home Law Center LLC+2

Understanding Probate — What It Does and When It Helps

When a person passes away, their estate — property, assets, debts, titles — must often go through a legal process known as probate. In many cases probate plays a crucial role; but in others, it feels burdensome. Here is how to understand probate and how to plan with it in mind. ashleyownbytn.com

What Probate Actually Does

Probate is the court-supervised process that:

Confirms whether a valid will exists (or applies default inheritance laws if there's no will)
Appoints a personal representative (executor) to gather assets, pay debts and taxes, manage final bills, and distribute remaining assets
Provides legal authority to access accounts, liquidate or transfer property, handle titles, and deal with creditors or disputes
Acts as a formal, transparent process — with records and oversight — to protect heirs, creditors, and the estate’s integrity ashleyownbytn.com

When Probate Is Especially Useful

Probate can meaningfully help when:

There is no will or the will is unclear — it avoids confusion and competing claims
Real estate, vehicles, or titled property must change ownership — court orders make transfers legally clear
Family members disagree over distribution — the court can resolve disputes fairly
There are creditors or significant debts or ongoing bills — probate sets deadlines and ensures debts are handled properly
Transparency matters — probate produces a record of distributions, protecting beneficiaries and personal representatives alike ashleyownbytn.com

When Probate Feels Like a Burden

On the flip side:

Probate can take months, even for relatively simple estates
It involves fees, formal filings, legal help, and possibly professional assistance
The process is part of the public record — which can reduce privacy
Banks, insurers, and agencies often require detailed paperwork and court letters, which can be tedious and time-consuming ashleyownbytn.com

Probate Is Not One-Size-Fits-All

Depending on what the deceased owned — property, accounts, real estate, titles, beneficiary designations — probate may not always be necessary or may be simplified. In some cases:

Life insurance, retirement accounts, or accounts titled “payable on death” can pass directly to beneficiaries
Trusts can bypass probate entirely for covered assets
Small estates or accounts may qualify for streamlined or simplified procedures
Joint ownership or transfer-on-death deeds can help property transfer with less hassle ashleyownbytn.com+2LegalZoom+2

Why Both Issues Matter — Especially Together

When caring for an elderly loved one or planning an estate, abuse/neglect risks and probate/estate challenges often intersect. Understanding both is crucial because:

If a resident suffers abuse or neglect, that may lead to medical bills, loss of assets, or even wrongful death — all of which intersect with estate administration or inheritance disputes.
Estate plans that are not updated or set up properly (no will, no trust, unclear titles) may force probate — compounding the stress on families already dealing with elder-care issues.
Planning ahead — transparent wills/trusts, proper beneficiary designations, clear asset titles — can ease probate and help ensure the deceased’s wishes are honored, even amid a stressful situation.
If abuse or exploitation is involved, legal claims may affect what property is available for distribution — adding urgency to both abuse claims and estate planning.

Key Takeaways for Families

Be vigilant: watch for signs of neglect or abuse in nursing homes, document concerns, and act early.
Know that abuse or neglect — even if unintentional — can be actionable under law if harm results.
Probate is a legitimate tool: in many situations it brings clarity, protection, and structure; but it can also be time-consuming, costly, and public.
Estate planning — wills, trusts, beneficiary designations, clear titles — can reduce or avoid probate when appropriate.
When elder-care issues and estate planning overlap (e.g. abuse, assets threatened by long-term care costs, or unclear ownership), seek professional legal help for both elder law and probate/estate matters.

Why You Should Have a Healthcare Power of Attorney

Thu, 11 Dec 2025 17:05:00 GMT

What is a Healthcare Power of Attorney?

A healthcare POA — sometimes called a “healthcare proxy,” “durable power of attorney for health care,” or “medical power of attorney” — is a legal document that lets you appoint another person (an “agent” or “proxy”) to make medical decisions for you if you cannot speak or decide for yourself.

This authority can cover many aspects of care: consenting to or refusing treatments, choosing providers or care facilities, deciding on life-sustaining measures (like feeding tubes or ventilators), managing pain or palliative care, and more. A healthcare POA differs from a general or financial power of attorney. A general POA (or durable POA) may cover finances, assets, and legal matters. A healthcare POA focuses solely on medical and care decisions.

Why It Matters — Benefits for You and Your Family

Having a healthcare POA offers major benefits:

Keeps control in your hands — Even if you can’t speak or make decisions, you get to choose who will ensure your medical care and treatment align with your values and wishes.
Provides clarity and guidance in crises — In an emergency or serious illness, having a named decision-maker avoids confusion or delays; your chosen agent can act quickly based on your preferences.
Reduces stress for family and loved ones — Without a POA, medical decisions may fall to whoever is available — which can lead to disagreements or uncertainty. With a POA, family conflicts are less likely because your wishes are already documented.
Ensures dignity and respect for your values — Your agent should act in your best interests and according to your known wishes for care, comfort, and quality of life.
Part of a complete planning package — Pairing a healthcare POA with other advance-care documents (like a living will, DNR, or POLST) gives full direction for your care if you can’t speak for yourself.

When to Create One

You don’t have to be elderly or ill to benefit — a healthcare POA makes sense for almost any adult, because serious accidents or sudden medical crises can happen at any time.

Because this document only takes effect if you become incapable of making your own decisions, there’s no downside to preparing it now. And you can update or revoke it anytime you wish.

Who Should You Choose as Your Agent?

Selecting the right person matters. Ideally this should be someone you trust deeply — a spouse, adult child, close family member, or a friend who understands your values.

Important qualities in a healthcare agent include:

Understands your values and medical wishes
Is willing and emotionally able to make difficult decisions
Is accessible to healthcare providers (geographically and in terms of communication)

You may also want to designate a backup agent — in case your first choice is unavailable when needed.

What If You Don’t Have One

Without a healthcare POA:

Doctors and hospitals may not know who should be consulted — decisions might be delayed or made by a court-appointed guardian.
Family members may disagree about what you would want, causing stress, conflict, and emotional distress during a vulnerable time.
Your personal values and wishes for care (comfort, aggressiveness of treatment, end-of-life preferences) may not be honored properly.

In essence, without a healthcare POA you risk losing control of one of your most personal matters — your health care.

How to Create a Healthcare Power of Attorney

Choose a trusted individual (and possibly a backup) who understands your values and is willing to act.
Discuss your medical preferences, beliefs, and wishes so your agent knows what you want.
Use a legal form appropriate for your state and ensure it is completed according to legal requirements (signatures, notarization or witnesses if required). Give copies to your agent, your primary physician, and any family members who may need to know.
Review and update the document periodically — especially if your health, family situation, or wishes change.

Why This Matters for Families — A Message from Ashley Ownby

At Ashley Ownby we believe that planning ahead is a powerful act of love. A healthcare power of attorney is more than a legal document — it protects your dignity, ensures your wishes are honored, and shields your family from uncertainty during the most difficult times.

Whether you are young and healthy or navigating chronic illness, having a healthcare POA offers clarity, control, and peace of mind for you and your loved ones.

If you haven’t already, now is the time to consider designating your healthcare agent — and having the conversations that matter most.

Is Nursing Home Abuse Actionable? A Guide for Families in Cleveland

Fri, 07 Nov 2025 19:53:42 GMT

Addressing Legal Claims for Nursing Home Abuse

When you trust a nursing home or assisted living facility to care for a loved one, you expect compassion, professionalism, and safety. Unfortunately, some residents experience neglect or abuse instead. Families often ask whether that kind of mistreatment is “actionable” under Tennessee law — meaning, can it be addressed through a legal claim? The answer is yes, but it depends on the facts and the type of harm involved. Here’s what you should know, from Ashley Ownby, Attorney at Law in Cleveland.

What Counts as Nursing Home Abuse or Neglect

Nursing home abuse includes any act or failure to act that causes harm or a serious risk of harm to a resident. It can take several forms:

Physical abuse – hitting, pushing, excessive restraint, or rough handling
Emotional abuse – humiliation, threats, or deliberate isolation
Sexual abuse – any non-consensual sexual contact or harassment
Neglect – failure to provide food, water, hygiene, or medical care
Financial exploitation – unauthorized use of a resident’s funds or property

Even unintentional neglect can be actionable if it results from poor staffing, inadequate training, or lack of supervision.

Common Signs to Watch For

Families should pay attention to changes that may signal abuse or neglect:

Unexplained bruises, fractures, or burns
Sudden weight loss or dehydration
Bedsores or untreated infections
Withdrawal, fearfulness, or mood changes
Unclean clothing or bedding
Medication errors or missed doses
Unexplained bank withdrawals or missing personal items

If something seems wrong, document it immediately and report concerns to facility management and the state’s adult protective services.

When Abuse Is Actionable

You may have a legal claim if:

The facility or its staff violated the duty of care owed to residents
That violation caused injury or death
The harm resulted in medical costs, pain, suffering, or financial loss

Under Tennessee law, victims and their families can pursue compensation through a civil lawsuit for negligence, abuse, or wrongful death. Facilities can also face state penalties or lose their licenses.

How a Lawyer Can Help

An experienced attorney can:

Review medical and facility records
Interview witnesses and staff
Identify violations of state or federal regulations
Work with medical experts to prove the extent of harm
File claims against the facility, owners, or individual caregivers
Negotiate settlements or represent you in court

Early legal advice helps preserve evidence and protect your loved one’s rights.

Taking the First Step

If you suspect nursing home abuse or neglect in Cleveland or the surrounding area, do not wait. Move your loved one to safety if needed, document everything, and contact a local attorney who understands Tennessee elder care law.

Will or Trust: Which Is Right For You

Fri, 07 Nov 2025 19:47:33 GMT

Choosing Between Wills & Trusts

Many families ask the same question: should I use a will, a trust, or both. The best answer depends on your goals, your assets, and your family. Here is a plain English guide from Ashley Ownby, Attorney at Law, to help you choose a path with confidence.

Quick definitions

 Will
A will is a written plan that takes effect after death. It names who inherits, who manages the estate, and who serves as guardian for minor children. A will usually goes through probate.

Living trust
A revocable living trust is a legal arrangement you create while alive. You move assets into the trust and you remain in control as trustee. When you pass away, the successor trustee distributes assets according to the trust terms, usually without probate.

What a will does well

Names a guardian for minor children
Covers personal items, gifts, and clear instructions
Simple to set up for straightforward estates
Lower upfront cost than a trust in many cases

What a will does not do

It does not avoid probate by itself
It does not control assets with beneficiary designations or joint ownership
It provides less privacy because probate filings are public records

What a living trust does well

Can avoid probate for assets titled in the trust
Can provide more privacy and faster access for your trustee
Helpful if you own real estate in more than one state
Allows detailed rules for how and when beneficiaries receive funds
Smooths management if you become ill, since a successor trustee can step in

What a living trust does not do

It does not replace a will entirely. You still need a pour over will to catch assets not already in the trust.
It does not work unless you fund it. Titles and beneficiary forms must be updated.
It usually costs more upfront and takes more setup time.

When a will is usually enough

Young family with modest assets and no complex issues
Single home in Tennessee, no out-of-state property
You want clear guardianship instructions and are comfortable with probate

When to consider a trust

You want to avoid probate and keep more privacy
You have property in more than one state
Blended families or long-term control is important
A beneficiary has special needs or money management concerns
You want a plan for incapacity so a successor trustee can manage without court involvement

Will and trust together

Many Cleveland families use both. A living trust holds the home and key accounts. A pour over will names guardians, covers personal items, and directs any stray assets into the trust at death.

Keep beneficiary forms in sync

Some assets pass by beneficiary form, not by will or trust. Review these so they match your plan:

Life insurance
Retirement accounts
Payable on death or transfer on death accounts
Certain brokerage accounts

Cost and timing

Will package : lower setup cost, more work for your executor later due to probate
Trust package : higher setup cost, less court involvement later if funded correctly

The right choice is the one that lowers stress and cost overall for your family.

Common mistakes to avoid

Creating a trust but never funding it
Forgetting to update beneficiary forms after life events
Naming co executors or co trustees who cannot work well together
Letting old documents sit for a decade without review

Plan to review your plan every 3 to 5 years, and after marriage, divorce, birth, death, or a move.

How we help in Cleveland

At Ashley Ownby, Attorney at Law, we listen first. Then we recommend a will, a trust, or both. We prepare clear documents, handle funding steps, and align beneficiary forms so everything works together under Tennessee law.

Do You Really Need a Will? A Plain Guide for Families

Fri, 07 Nov 2025 19:40:38 GMT

A Guide To Wills For Families

If you live in or around Cleveland, Tennessee, you have probably wondered whether you really need a will. Short answer: most adults do. A will is not only about money. It is a plan for people, property, and peace of mind.

What a will does

Names who receives your property that does not already pass by beneficiary form or joint ownership
Picks a personal representative to handle paperwork, bills, and taxes
Names a guardian for minor children
Gives instructions for keepsakes, pets, and digital accounts
Reduces confusion and family conflict

What happens without a will in Tennessee

If you pass without a will, state intestacy laws decide who inherits. That may split assets in ways you would not choose, delay access for an unmarried partner, or leave out people you care about. A judge chooses who manages your estate, and a judge decides who raises minor children. Your family may face extra time, cost, and stress.

When a will is especially important

You have minor children or plan to soon
You are unmarried but have a partner
You are in a blended family
You own a home or business
You want to support a friend, church, or charity
You have a loved one with special needs
You want certain items to go to specific people

What a will does not control

Some assets pass outside your will:

Life insurance and retirement accounts with beneficiary designations
Payable on death or transfer on death bank and investment accounts
Joint ownership with right of survivorship
Assets already titled in a trust

Tip: review beneficiary forms so they match your plan.

Will vs trust

A simple will works well for many families. A living trust can help you avoid probate, manage property in more than one state, keep more privacy, or control how and when heirs receive funds. Many people use both: a trust for key assets and a will to catch everything else.

Quick self-check

If you answer yes to any of these, make a will now:

Do you care who raises your kids
Do you want to choose who settles your estate
Do you want to decide who inherits and when
Would a family dispute be likely without clear instructions

Getting it done in Cleveland

List your assets and how they pass today
Choose beneficiaries, a guardian, and a personal representative
Update beneficiary forms to align with your plan
Sign with Tennessee formalities so your will is valid
Review every 3 to 5 years and after major life events like marriage, divorce, birth, or a move

How our office helps

At Ashley Ownby, Attorney at Law, we draft clear wills that fit your family, your goals, and Tennessee law. We also coordinate beneficiary designations and advise when a simple trust or transfer-on-death deed may help. You leave with signed, organized documents and practical next steps.

Is Probate A Good Thing? A Plain Guide For Families

Fri, 07 Nov 2025 19:35:39 GMT

Probate For Families

When a loved one passes, the word probate can sound intimidating. In reality, probate is simply the court process that wraps up a person’s financial affairs and legally transfers assets to the right people. Whether probate is good or bad depends on the situation. Here is a clear, local guide from Ashley Ownby, Attorney at Law in Cleveland, Tennessee, to help you understand when probate helps, when it complicates things, and how to make it smoother if your family needs it.

What probate does

Confirms a valid will or, if there is no will, applies Tennessee’s default inheritance rules
Appoints a personal representative to collect assets and pay final bills and taxes
Protects heirs and creditors by keeping a formal record of what is collected and distributed

Provides court authority to access accounts, sell property, and resolve disputes

When probate can be a good thing

There is no will or the will is unclear. The court’s structure prevents confusion and competing claims.
Real estate or titled property needs to change ownership. Court orders help transfer deeds and vehicle titles.
Family members disagree. A judge can resolve questions about who gets what and when.
Creditors are calling. Probate sets deadlines for claims so the estate can close with finality.
You want transparency. Inventories and accountings create a paper trail that protects the personal representative.

When probate can feel like a hassle

Time. Even a smooth case takes months.
Cost. Filing fees, notices, and professional help add up.
Public record. Many filings are public, which reduces privacy.
Paperwork. Banks, insurers, and agencies often require specific forms and court letters.

None of these make probate bad by default. They simply mean you should plan ahead and get organized early.

Good news: probate is not one size fits all

Tennessee offers streamlined paths for certain estates and assets. Depending on the facts, you may be able to use simplified procedures or avoid probate for particular items. Examples include:

Beneficiary designations on life insurance and retirement accounts
Payable on death or transfer on death designations on bank and investment accounts
Joint ownership with right of survivorship for real estate or accounts
Trust planning that moves assets outside the probate process
Small estate options for modest estates with limited personal property

The right strategy depends on what the person owned, how titles and beneficiaries were set up, and whether there are debts.

How to make probate easier

Find the will and any trust documents quickly
Gather a complete list of assets, account numbers, login details, and recent statements
Order multiple death certificates
Track bills and ongoing subscriptions to prevent late fees
Keep a simple ledger of money in and money out for the estate
Communicate early with heirs to set expectations on timing

Common myths we hear

Myth: If there is a will, we skip probate.
A will directs probate. It does not replace it.

Myth: Probate always takes years.
Some cases do, but many wrap up in months if the assets are straightforward and everyone cooperates.

Myth: We are stuck with probate because it is too late to plan.
You cannot change the past, but you can still use beneficiary claims, affidavits, and targeted court orders to keep things moving.

So, is probate a good thing

Probate is a tool. It is helpful when you need legal authority, structure, and protection. It feels burdensome when the estate is simple, well planned, and could pass by beneficiary or trust. The best outcome is to plan so that only the assets that need probate go through it, and everything else passes directly to the right people.

Talk with a local attorney who does this every day

Every family and every estate is unique. A short conversation can clarify whether you need full probate, a limited filing, or a simpler path for specific assets.

How to Pay Estate Bills During Probate

Fri, 24 Oct 2025 17:54:20 GMT

Answers from Ashley L. Ownby, Attorney at Law – Cleveland, TN

When someone passes away, settling their estate often involves more than distributing assets. One of the most important steps in probate is making sure the estate’s bills and debts are properly handled. Below is a helpful Q&A guide for anyone going through probate in Tennessee.

What is the executor’s role in paying estate bills?

As the executor, also known as the personal representative in Tennessee, your responsibility includes managing the estate’s finances. This means gathering all the estate assets, notifying creditors, evaluating debts, and paying any outstanding bills before distributing what remains to beneficiaries. You must act in the best interest of the estate, and you can be held personally liable if you mismanage this process.

When do bills get paid during probate?

You don’t pay bills immediately after someone dies. First, you’ll need to inventory the estate and file paperwork with the probate court. Once the estate is opened, you must notify creditors and give them time to file claims. After this claims period ends, you can begin paying valid debts and expenses - usually with approval from the court, especially for large or contested matters.

What money is used to pay the estate’s bills?

Bills are paid from the estate itself. This includes any money in the deceased’s bank accounts, proceeds from life insurance (in some cases), or funds from selling estate property. If the estate doesn’t have enough cash, the executor may need to liquidate assets like a home or vehicle - but this must be done according to legal procedures and possibly with court approval.

Is there an order in which bills get paid first?

Yes, and following the correct order is important. Funeral and burial expenses typically come first, followed by court costs, attorney fees, and taxes. After that, secured debts like mortgages are paid, and finally, unsecured debts such as credit cards are paid. If you’re not sure how to prioritize, a probate attorney can help ensure that everything is done by the book.

What if a creditor files a late or questionable claim?

In Tennessee, creditors have a limited time to file claims after being notified - usually within four to twelve months. If a claim is filed late or looks suspicious, you have the right to challenge it. These issues often require legal interpretation, so it’s best to seek advice before paying anything you’re unsure about.

Are taxes part of the estate’s bills?

Yes, and they can be complex. You’ll need to file the deceased’s final income tax return, possibly an estate tax return, and ensure all property taxes are current. Sometimes, you may even need to deal with tax matters from previous years. Failing to handle taxes properly can delay probate and create additional costs for the estate.

When can the heirs receive their inheritance?

Only after all valid bills and debts have been paid, and any tax obligations have been cleared. Rushing to distribute assets too soon can lead to serious problems - especially if an unexpected debt arises. Once the estate is fully settled, the court will typically allow the executor to make final distributions.

What records should I keep during this process?

Keep copies of every payment made, including receipts, invoices, and bank records. You’ll also need documentation of creditor claims, court filings, and correspondence. These records protect you and help ensure the estate is closed properly.

Can Ashley L. Ownby help with this process?

Yes. Our office regularly guides clients through the probate process in Bradley County and throughout Southeast Tennessee. From filing the estate and notifying creditors to helping you handle bills, taxes, and distributions, we’re here to make sure everything is done right — and done efficiently.

Need help with probate or managing an estate in Cleveland, TN?

Contact Ashley L. Ownby, Attorney at Law, for a consultation and reliable legal guidance throughout the probate process.

Will or Trust: Which Is Better?

Thu, 04 Sep 2025 17:34:52 GMT

Understanding the Key Differences Between Wills and Trusts - and Why the Right Choice Matters for Your Family's Future

When planning for the future, one of the most important questions you’ll face is: Should you create a will or a trust? Both are valuable estate planning tools, but they serve different purposes. Understanding the strengths of each can help you make an informed decision that protects your family, your assets, and your legacy.

What Is a Will?

A will is a legal document that outlines your wishes for how your assets should be distributed after you pass away. It also allows you to name guardians for minor children and appoint an executor to carry out your instructions. Wills are typically easier and more affordable to create than trusts and serve as the foundation of most estate plans.

However, there are some drawbacks:

A will must go through probate, a court-supervised process that can be time-consuming and public.
It does not take effect until death and offers no protection during your lifetime in case of incapacity.
Inheritance is typically distributed in lump sums, with no ongoing oversight.

What Is a Trust?

A trust is a legal arrangement that holds and manages assets on behalf of beneficiaries. It goes into effect as soon as it is signed and funded, making it a versatile tool for both lifetime and after-death planning. There are different types of trusts, but the most common in estate planning is a revocable living trust.

Trusts offer several key advantages:

Avoid Probate: Assets in a trust bypass the probate process, saving time and maintaining privacy.
Incapacity Planning: If you become incapacitated, your successor trustee can manage your affairs without court intervention.
Greater Control: You can set specific terms for how and when beneficiaries receive their inheritance.
Privacy and Efficiency: Trusts do not become public record and generally allow for quicker asset distribution.

So, Which Is Better?

The answer depends on your personal circumstances:

A will may be sufficient if your estate is small, your wishes are straightforward, and you're comfortable with probate.
A trust may be the better choice if you want to avoid probate, maintain privacy, or provide more structured financial support to your heirs.

In many cases, a combination of both is best. A pour-over will can complement a trust by ensuring any assets not previously transferred into the trust are included after death.

Special Consideration for Caregivers

If you’re caring for a loved one with special needs, a trust is almost always the better option. A trust allows you to set aside assets for their care without disqualifying them from essential government benefits like Medicaid or SSI. It also provides structured, long-term financial management, which is critical if your loved one may not be able to manage money independently.

Planning with Confidence

Estate planning isn’t just about who gets what. It’s about protecting your family, reducing stress, and ensuring your wishes are carried out clearly and efficiently. Whether you need a simple will, a comprehensive trust, or guidance as a caregiver to a loved one with unique needs, working with an experienced estate planning attorney ensures your plan is legally sound and tailored to your goals.

Ready to get started? Contact Ashley Ownby, Attorney at Law, in Cleveland, TN, to schedule a consultation and create a plan that gives you peace of mind.

Understanding Probate in Cleveland, Tennessee: A Clear & Compassionate Guide

Fri, 15 Aug 2025 19:37:06 GMT

Helping Cleveland Families Navigate Probate with Ease

Probate is the court‑supervised process of settling a loved one’s estate. At Ashley L. Ownby Attorney at Law in Cleveland, TN, we know how challenging this time can be, and we’re committed to providing compassionate, expert legal guidance to help your family navigate it with clarity and care.

What Is Probate, and Why It Matters

Probate ensures legal validation of a will (if one exists), appoints someone to manage the estate - often called the executor or administrator - resolves debts and taxes, and ultimately distributes assets to the rightful heirs or beneficiaries.

This process is essential because it:

Ensures the will’s validity and protects the deceased's wishes.
Safeguards beneficiaries’ interests by providing court supervision.
Handles debts and creditor claims responsibly before asset distribution.
Clears any property title issues, especially in real estate transfers.

In Tennessee, probate typically takes six months to a year, though the duration can extend with complex assets or disputes.

The Probate Journey in Tennessee: Step by Step

Initiate the Probate Case

File a petition with the Probate Court in the county where the decedent lived. Submit the will (if available) or request an appointment as administrator if there isn’t one.

Letters of Authority Issued

The court grants Letters Testamentary (for a will) or Letters of Administration (when there's no will), legitimizing the executor or administrator.

Notify Creditors

The clerk handles public notification, while the executor notifies known creditors, providing them time to file claims.

Inventory, Debts & Taxes

Compile a full inventory of estate assets and pay any outstanding debts or taxes from the estate funds.

Asset Distribution

After clearing obligations, distribute remaining assets per the will or Tennessee’s intestacy laws if there’s no will.

File Final Accounting & Close Estate

Submit a final report to the court. Once approved, the estate is officially closed.

Selling Real Estate During Probate

Selling property in probate - such as a home - requires extra legal steps:

Secure court approval via a petition and possibly a hearing.
Notify heirs and often obtain a fair market appraisal.
Proceed with the sale only after judicial authorization.

After a court-approved sale, proceeds go toward debts, expenses, and finally, heirs.

Probate vs. Alternative Estate Planning Tools

Probate:

Offers transparency and legitimacy through court oversight.
Helps resolve disputes and confirms legal title transfers.
It can be time-consuming, public, and sometimes costly.
Investopedia

Trusts & Beneficiary Designations:

Trusts bypass probate and maintain privacy.
Retirement accounts with named beneficiaries, POD/TOD accounts, and joint property often transfer directly.
Strategic planning using these tools can reduce delays, costs, and emotional burden for your family.

Why a Probate Attorney Can Help

Avoid costly mistakes: Procedural missteps can delay court approval or cause disputes.
Manage complexity: Estates involving real estate, debts, or family disagreements require legal finesse.
Court navigation: An attorney ensures proper filings, hearings, and compliance throughout.
Peace of mind: Living through grief and legal responsibilities simultaneously is overwhelming. Let legal expertise serve your family.

Serving Cleveland: Legal Support You Can Trust

At Ashley L. Ownby Attorney at Law:

We provide local, personalized legal support for probate and estate administration in Bradley County and beyond.
Whether you're dealing with a routine probate or complexities like real estate or disagreements, we tailor strategies to your situation.
Ready to assist with compassion and clarity - especially when you need it most.

Trusted Legal Guidance for Probate in Bradley County

Probate in Tennessee is a structured legal process to ensure fair and lawful estate settlement. While it might feel complex, understanding the steps - or having a helpful attorney by your side - can make the journey smoother and more secure for your family.

Need help navigating probate? Contact Ashley L. Ownby, Attorney at Law in Cleveland, TN, for experienced and trustworthy legal guidance.

Navigating Family Law in Cleveland, TN: Expert Guidance from Ashley L. Ownby

Fri, 11 Jul 2025 15:24:41 GMT

Trusted Legal Support for Divorce, Custody, and Adoption Matters in Bradley County

Family law matters are deeply personal and often emotionally charged. Whether you're facing a divorce, seeking child custody, or considering adoption, having a knowledgeable and compassionate attorney by your side is crucial. Ashley L. Ownby, Attorney at Law, offers comprehensive family law services to residents of Cleveland, Tennessee, and the surrounding areas.

Comprehensive Family Law Services

With over 38 years of legal experience, Ashley L. Ownby provides personalized legal solutions in various aspects of family law, including:

Divorce: Guiding clients through the complexities of divorce proceedings with a focus on achieving fair outcomes.
Child Custody and Parenting Agreements: Assisting in creating and modifying parenting plans that prioritize the best interests of the child.
Paternity Legitimation: Establishing legal fatherhood to secure parental rights and responsibilities.
Adoption: Facilitating the legal process of adoption to help families grow.

Ashley L. Ownby's approach combines legal expertise with a deep understanding of the emotional dynamics involved in family law cases. His commitment to personalized attention ensures that each client's unique needs are addressed with care and professionalism.

Bipper Media

Why Choose Ashley L. Ownby?

Experience: Over three decades of legal practice in family law.
Client-Centered Approach: Emphasis on clear communication and tailored legal strategies.
Local Expertise: In-depth knowledge of Tennessee family law and court procedures.
Compassionate Representation: Understanding the emotional challenges clients face and providing supportive guidance throughout the legal process.

Schedule a Consultation

If you're dealing with a family law issue in Cleveland, TN, don't navigate it alone. Contact Ashley L. Ownby, Attorney at Law, to schedule a consultation and explore your legal options. With a commitment to excellence and a personalized approach, we are here to help you achieve the best possible outcome for your family.

Why Every Tennessean Needs a Will: Protecting Your Legacy

Fri, 13 Jun 2025 18:08:09 GMT

Wondering if you really need a will in Tennessee? Confused about how to get started with estate planning?

This blog answers your key questions about wills, estates, and how attorney Ashley L. Ownby in Cleveland, TN, can guide you through the process.

What Is a Will and Why Is It So Important in Tennessee?

A will is a legal document that spells out your wishes regarding the distribution of your assets and the care of any minor children. Without one, Tennessee’s intestacy laws take over — and the results might not reflect what you want.

Having a valid will helps you:

Designate who receives your assets
Name guardians for your children
Reduce family disputes
Ensure your funeral and burial preferences are followed

Did you know? In Tennessee, verbal or handwritten wills (called holographic wills) can be contested in court - especially if made shortly before death without witnesses. Protect your legacy by getting legal help.

What Happens If You Die Without a Will in Tennessee?

If you die without a will, the court will decide how your property is divided. This could mean:

Your spouse and children splitting your estate, even if you intended otherwise
Unnecessary court delays and legal expenses
No say in who becomes the guardian of your minor children
A legally binding will eliminates uncertainty and puts you in control.

What Services Does Ashley Ownby Provide for Estate Planning?

Ashley L. Ownby, Attorney at Law, offers comprehensive estate planning solutions in Cleveland, TN, including:

Wills - Clear, enforceable documentation of your final wishes
Trusts - Asset protection and tax planning tools
Power of Attorney - Choose who manages your finances or healthcare decisions if you're unable
Living Wills & Healthcare Directives - Clarify your medical care choices
Conservatorships - Legal protection for incapacitated adults

FAQ: What’s the difference between a will and a trust?

A will takes effect after your death, while a trust can manage your assets during your lifetime and beyond. Ashley Ownby can help you decide which is right for your goals.

What Are the Most Common Mistakes in Estate Planning?

Many Tennesseans make these costly mistakes when planning their estates:

Not updating their will after a major life change
Forgetting to name backup beneficiaries
Relying on DIY forms that don’t comply with Tennessee law
Skipping incapacity planning altogether

Ashley Ownby helps clients avoid these issues with personalized, thorough planning.

How Do I Get Started with a Will or Estate Plan?

Getting started is easier than you think. Schedule a consultation with Ashley L. Ownby to:

Discuss your goals and family situation
Review assets and potential legal tools (will, trust, power of attorney, etc.)
Create a custom estate plan that fits your needs

How much does it cost to make a will with a lawyer in Tennessee?

Costs vary based on complexity, but investing in professional legal help saves families time, stress, and money later.

Call today or visit the Wills and Estates page to schedule your consultation.

Can You Sell a Home During Probate in Tennessee? Here's What You Need to Know

Thu, 15 May 2025 14:43:03 GMT

Selling a Home During Probate in Tennessee: A Step-by-Step Guide for Cleveland Residents

Navigating the probate process can be overwhelming, especially when it involves selling a loved one’s home. If you’re handling an estate in Cleveland, Tennessee, it’s essential to understand the legal steps involved in selling real estate during probate. At Ashley Ownby, Attorney at Law, we help families manage probate with clarity and confidence.

What Is Probate?

Probate is the legal process of settling a deceased person’s estate. It involves validating the will (if one exists), appointing an executor or administrator, paying debts and taxes, and distributing assets to heirs. If the estate includes real property like a house, special considerations come into play.

Can You Sell a Home During Probate in Tennessee?

Yes, but there are specific legal steps that must be followed. Selling real estate during probate in Tennessee requires court oversight and approval to ensure the sale is handled fairly and legally.

Here’s a step-by-step breakdown of the process:

Step 1: Open the Probate Estate

The process begins by filing a petition with the Bradley County Probate Court or the appropriate court in the county where the deceased resided. The court will appoint an executor (if named in the will) or an administrator (if there is no will).

Step 2: Get Court Approval to Sell the Property

In most cases, the executor or administrator must seek court permission to sell real estate. This involves:

Filing a petition for sale with the court.
Notifying interested parties (heirs, beneficiaries).
Possibly getting an appraisal to determine fair market value.
The court may require a hearing before approving the sale.

Step 3: Market and Sell the Property

Once approval is granted, the executor can work with a real estate agent to list and sell the property. All proceeds from the sale become part of the probate estate and must be used to:

Pay off any remaining debts or liens.
Cover administrative and legal costs.
Distribute to heirs in accordance with the will or Tennessee intestacy laws.

Step 4: Finalize the Probate Process

After the sale and distribution of assets, the executor files a final accounting with the court. Once approved, the estate can be closed.

Why Legal Guidance Matters

Selling a home in probate can be legally complex. Mistakes - like failing to get court approval or properly notifying heirs - can delay the process or result in legal liability. That’s why working with an experienced probate attorney in Cleveland, TN, like Ashley Ownby, is crucial. We ensure that every step complies with Tennessee law and that your loved one’s wishes are honored.

Contact Ashley Ownby for Probate Help in Cleveland, TN

If you’re facing probate and need to sell a home in Bradley County or surrounding areas, we're here to help. With over 30 years of experience, Ashley Ownby, Attorney at Law, provides trusted legal guidance to families navigating probate and estate matters.

Located in Cleveland, TN.

Call now to schedule a consultation - (423)479-1324

Beginner's Guide to Probate

Thu, 13 Mar 2025 19:42:03 GMT

Understanding the Probate Process: A Simple Guide for Families in Tennessee

When a loved one passes away, handling their estate can feel overwhelming. If you’ve heard the term "probate" but aren’t sure what it means or how it works, you’re not alone. Probate is the legal process of settling a deceased person’s estate, ensuring that their debts are paid and their assets are distributed according to their will—or, if there is no will, according to state law.

At Ashley Ownby, Attorney at Law , we understand that probate can seem complex, but with the right guidance, it doesn’t have to be stressful. This beginner’s guide will help you understand the basics of probate in Tennessee and what to expect during the process.

What Is Probate?

Probate is a court-supervised process that validates a deceased person's will (if there is one) and oversees the distribution of their estate. This includes:

Identifying and valuing assets
Paying any outstanding debts and taxes
Distributing assets to beneficiaries

If the deceased did not have a will, probate still takes place, but the court follows Tennessee’s intestate succession laws to determine how assets are divided.

When Is Probate Necessary?

Not all estates require probate. Some assets pass directly to beneficiaries without going through the court system, including:

Jointly owned property (such as a home owned by spouses)
Life insurance policies with designated beneficiaries
Retirement accounts with named beneficiaries
Trust assets

However, if the deceased owned property solely in their name or had significant debts, probate is often required to properly settle the estate.

Steps in the Probate Process

The probate process typically follows these key steps:

1. Filing a Petition

The process begins when an executor (named in the will) or a family member files a petition with the probate court to open the estate. If there is no will, the court appoints an administrator.

2. Notifying Creditors and Beneficiaries

The court requires that creditors and potential heirs be notified of the probate process. This allows creditors to make claims against the estate if the deceased had outstanding debts.

3. Inventorying the Estate

The executor gathers and appraises all assets, such as real estate, bank accounts, investments, and personal property.

4. Paying Debts and Taxes

Before distributing assets to heirs, the executor must use estate funds to pay any outstanding debts, taxes, and administrative expenses.

5. Distributing Assets

Once all debts are settled, the remaining assets are distributed to beneficiaries according to the will or state law.

6. Closing the Estate

The final step involves submitting a report to the court, showing that all debts have been paid and assets distributed. The court then officially closes the estate.

How Long Does Probate Take?

The timeline for probate varies depending on the complexity of the estate. A simple estate may be settled in a few months, while more complex cases can take a year or longer. Delays can occur if disputes arise, such as contested wills or disagreements among heirs.

Do You Need a Probate Attorney?

While some estates can be handled without an attorney, many families find that working with a probate lawyer makes the process smoother and less stressful. An attorney can:

Ensure the correct legal procedures are followed
Help resolve disputes among beneficiaries
Handle creditor claims and estate debts
Speed up the probate process

At Ashley Ownby, Attorney at Law , we help families in Tennessee navigate probate with confidence and clarity. Whether you're an executor needing legal guidance or a family member with questions about your loved one’s estate, we’re here to assist you.

Contact Us for Probate Assistance

If you need help with probate or have questions about estate planning, contact Ashley Ownby, Attorney at Law today. We provide compassionate and knowledgeable legal services to guide you through the process.

Common Estate Planning Mistakes

Thu, 13 Mar 2025 19:42:02 GMT

Common Estate Planning Mistakes and How to Avoid Them

Estate planning is one of the most important steps you can take to protect your assets and ensure your loved ones are cared for after you’re gone. However, many people make critical mistakes that can lead to legal complications, unnecessary expenses, and family disputes.

At Ashley Ownby, Attorney at Law, we help clients in Tennessee create solid estate plans that avoid common pitfalls. In this blog post, we’ll outline some of the biggest estate planning mistakes and how you can prevent them.

1. Not Having an Estate Plan at All

One of the most common mistakes is simply failing to create an estate plan. Without a will or trust, your assets will be distributed according to Tennessee’s intestate succession laws, which may not align with your wishes.

How to Avoid It

Start planning as soon as possible. Even if you don’t have significant assets, a basic estate plan ensures your loved ones are taken care of and that your final wishes are honored.

2. Not Updating Your Estate Plan

Life changes—marriages, divorces, births, deaths, and financial shifts—can impact your estate plan. If you don’t update your documents, they may not reflect your current intentions.

How to Avoid It

Review your estate plan every few years or after major life events. Work with an attorney to make necessary updates to your will, trusts, or beneficiary designations.

3. Failing to Name Beneficiaries or Keep Them Updated

Many people forget to designate beneficiaries for life insurance policies, retirement accounts, and bank accounts—or they fail to update them after a divorce or death. This can cause assets to go to the wrong person.

How to Avoid It

Regularly review and update your beneficiary designations to ensure they align with your wishes.

4. Not Planning for Incapacity

Estate planning isn’t just about what happens after you pass away. If you become incapacitated due to illness or injury, who will make medical and financial decisions on your behalf? Without legal documents in place, the court may have to step in.

How to Avoid It

Create a durable power of attorney for finances and healthcare, as well as a living will to outline your medical preferences.

5. Choosing the Wrong Executor or Trustee

An executor (for a will) or trustee (for a trust) is responsible for managing your estate. Choosing someone who is not trustworthy, organized, or capable can lead to delays and disputes.

How to Avoid It

Select an executor or trustee who is responsible and understands your wishes. If needed, consult with an attorney to appoint a professional fiduciary.

6. Not Considering Taxes and Debt

Many people overlook estate taxes, income taxes on inherited assets, or unpaid debts. This can reduce the amount your heirs receive.

How to Avoid It

Work with an estate planning attorney to minimize tax burdens and ensure debts are addressed properly.

7. Relying Only on a Will (and Not a Trust)

A will alone may not be enough, especially if you want to avoid probate or have specific conditions for how assets are distributed.

How to Avoid It

Consider setting up a revocable living trust to help your estate avoid probate and ensure a smoother transition for your heirs.

8. Failing to Communicate Your Wishes

Many families face conflicts because they were unaware of their loved one’s estate plan until after their passing. Lack of communication can lead to confusion and disputes.

How to Avoid It

Have open conversations with your family about your estate plan. Let them know where your documents are stored and who will be responsible for carrying out your wishes.

9. Not Planning for Long-Term Care

As people age, they may require long-term care, which can quickly deplete their savings. Many individuals don’t factor this into their estate plan.

How to Avoid It

Explore options such as long-term care insurance or Medicaid planning to protect your assets.

10. DIY Estate Planning Without Legal Help

Online templates and DIY wills may seem like a cost-effective solution, but they often lead to mistakes that can cause legal issues for your heirs.

How to Avoid It

Consult with an experienced estate planning attorney to ensure your documents are legally sound and tailored to your specific needs.

Secure Your Future with Proper Estate Planning

Avoiding these common estate planning mistakes can save your family time, money, and stress. At Ashley Ownby, Attorney at Law, we’re here to help you create a comprehensive estate plan that meets your unique needs.

What to Do After a Car Accident: A Step-by-Step Guide

Thu, 13 Mar 2025 19:41:36 GMT

Essential Steps to Take After a Car Accident to Protect Your Rights and Insurance Claim

A car accident can be a stressful and overwhelming experience, but knowing what steps to take immediately afterward can protect your rights and help you navigate insurance claims or legal issues. Whether it’s a minor fender bender or a serious collision, taking the right actions can make a big difference in the outcome.

At Ashley Ownby, Attorney at Law, we help accident victims in Tennessee understand their rights and seek the compensation they deserve. This guide outlines the essential steps to take after a car accident.

1. Check for Injuries and Call 911

Your safety and the safety of others should be your top priority.

Check yourself and passengers for injuries.
If anyone is hurt, call 911 immediately.
Even if injuries seem minor, seek medical attention as some injuries appear hours or days later.

If the accident is serious or blocking traffic, request police assistance so they can document the scene.

2. Move to a Safe Location (If Possible)

If the vehicles are drivable and there are no serious injuries, move to the side of the road to prevent further accidents. Turn on hazard lights and use warning triangles or flares if available.

If moving the vehicles isn’t safe, stay inside with your seatbelt on until help arrives.

3. Call the Police and Get an Official Report

In Tennessee, you must report an accident if it involves injuries, death, or property damage over $1,500. Even for minor accidents, having a police report can help with insurance claims and legal issues.

Cooperate with officers but stick to the facts.
Do not admit fault, as fault determination is handled by investigators and insurance companies.
Request a copy of the accident report for your records.

4. Exchange Information with the Other Driver

Gather essential details from the other driver(s) involved, including:

Name, address, and phone number
Driver’s license number
License plate number
Insurance company and policy number
Vehicle make, model, and color

Avoid discussing blame or fault with the other driver. Keep the conversation focused on exchanging necessary information.

5. Gather Evidence at the Scene

If it’s safe to do so, document the accident scene to protect yourself in case of disputes.

Take photos of all vehicles, damages, skid marks, road signs, and traffic signals.
Capture the accident location from different angles.
Get contact information from any witnesses.
Note weather and road conditions at the time of the accident.

6. Notify Your Insurance Company

Report the accident to your insurance provider as soon as possible. Provide accurate details, but avoid speculating or admitting fault.

Ask about coverage for medical expenses, vehicle repairs, and rental cars.
Follow up on claim processing and keep records of all communications.

7. Seek Medical Attention (Even If You Feel Fine)

Some injuries, like whiplash or internal injuries, don’t show immediate symptoms. See a doctor soon after the accident to ensure you’re not overlooking any medical concerns.

Keep copies of medical reports and bills for insurance and legal purposes.
Follow all prescribed treatments to support your recovery.

8. Watch Out for Insurance Adjusters

Insurance adjusters may contact you for a statement or offer a quick settlement. Be cautious:

Do not give recorded statements without legal advice.
Do not accept a settlement without understanding the full extent of your injuries and damages.
Consult an attorney before signing any documents.

9. Understand Your Legal Rights

If you were injured due to another driver’s negligence, you may be entitled to compensation for:

Medical expenses
Lost wages
Pain and suffering
Property damage

A personal injury attorney can help you determine if you have a case and ensure you receive fair compensation.

10. Contact a Car Accident Attorney

If you’re dealing with injuries, insurance disputes, or an at-fault driver without insurance, legal representation can protect your rights. At Ashley Ownby, Attorney at Law, we help car accident victims navigate the legal process and fight for the compensation they deserve.

Get Legal Help Today

If you’ve been in a car accident and need legal guidance, contact Ashley Ownby, Attorney at Law. We offer expert advice and representation to protect your rights and help you move forward.

Nursing Home Abuse Attorneys

Mon, 16 Dec 2024 15:59:31 GMT

Protect Your Loved Ones With Ashley Ownby Attorney at Law

When you entrust a nursing home with the care of your loved ones, you expect them to provide a safe, nurturing environment. Unfortunately, this isn’t always the case. Nursing home abuse is a growing concern across the country, leaving families overwhelmed and unsure of how to protect their loved ones. At Ashley Ownby Attorney at Law, we are here to guide you through this difficult time, fight for justice, and hold negligent parties accountable.

What Is Nursing Home Abuse?

Nursing home abuse involves any harm or mistreatment inflicted on residents in a long-term care facility. This abuse can take many forms, including:

Physical Abuse: Hitting, pushing, or other forms of violence.
Emotional Abuse: Verbal threats, humiliation, or isolation.
Neglect: Failure to provide adequate care, including food, hygiene, or medical attention.
Financial Exploitation: Misuse of a resident’s money, property, or assets.

If you suspect abuse, taking swift action is crucial to protect your loved one and prevent further harm.

Signs of Nursing Home Abuse

Recognizing the signs of abuse can help you act quickly. Common warning signs include:

Unexplained bruises, cuts, or injuries.
Sudden weight loss or malnutrition.
Poor hygiene or unsanitary living conditions.
Changes in mood, such as depression, anxiety, or withdrawal.
Unexplained financial transactions or missing possessions.

If you notice these red flags, it’s essential to consult Ashley Ownby as soon as possible.

How a Nursing Home Abuse Attorney Can Help

At Ashley Ownby Attorney at Law, we specialize in representing families who have been impacted by nursing home abuse. Here’s how we can assist:

Investigating the Case: We will thoroughly investigate the situation to uncover evidence of abuse or neglect, working to hold the responsible parties accountable.
Filing Legal Claims: Our team will handle all aspects of filing a claim, ensuring deadlines are met and paperwork is properly completed.
Pursuing Compensation: Victims of nursing home abuse deserve justice. We fight to secure compensation for medical expenses, pain and suffering, and any other damages incurred.
Providing Peace of Mind: Legal processes can be complex and stressful. We handle the details so you can focus on what matters most—caring for your loved one.

Your Loved Ones Deserve Justice

No one should have to endure abuse or neglect, especially in their later years. If you suspect your loved one has been mistreated in a nursing home, don’t wait to act. The sooner you contact us, the better we can protect their rights and seek justice.

At Ashley Ownby Attorney at Law, we are committed to standing by your side during this difficult time. Contact us today for a consultation, and let us help you ensure the safety and dignity your loved one deserves.

Ready to Take Action?

If you’re ready to seek justice for nursing home abuse, call Ashley Ownby Attorney at Law today at 423-479-1324 . You can also fill out our online form to book a consultation. Together, we can fight for accountability and restore peace of mind to your family.

Probate Vs. Trust

Fri, 11 Oct 2024 07:19:08 GMT

Probate Vs. Trust: Why Probate May Be the Better Choice for Your Estate Plan

What Is Probate?

Probate is the court-supervised process of validating a will, paying off debts, and distributing a deceased person’s assets. It ensures that the deceased’s wishes are carried out in an orderly manner, with legal oversight to protect beneficiaries and ensure proper administration.

What Is a Trust?

A trust is a legal arrangement where one party (the trustee) holds and manages assets on behalf of another party (the beneficiary). There are various types of trusts, such as revocable and irrevocable trusts, which can be tailored to fit different needs. The most common type is a revocable living trust, which allows you to manage your assets during your lifetime and then seamlessly transfer them upon your death without going through probate.

The Benefits of Probate Over Trusts

Court Supervision Provides Transparency

Probate is a court-supervised process, which means there is greater transparency and accountability in managing an estate. This oversight helps ensure that the executor or personal representative manages the estate according to the law and the terms of the will. For families concerned about the fair handling of assets, probate offers a structured process where beneficiaries can see how decisions are made.

Reduced Risk of Fraud or Mismanagement

Since probate involves court oversight, it minimizes the risk of fraudulent activities or mismanagement of the estate. Trusts, on the other hand, are managed privately by a trustee, which can sometimes lead to concerns if the trustee is not acting in the beneficiaries' best interests. Probate provides a layer of protection by requiring formal reports and documentation of how the estate is handled.

Addresses Disputes Fairly and Efficiently

If disputes arise regarding the validity of a will or the distribution of assets, probate offers a clear legal process for resolving them. The court's role in probate can ensure a fair outcome and help prevent drawn-out family conflicts. With trusts, resolving disputes can sometimes be more complex and may require litigation outside of the structured probate process.

Validates the Will

Probate is essential for verifying the authenticity of a will. If there are concerns about whether a will is valid or if multiple versions exist, probate ensures that the latest and most legally binding document is followed. This can prevent confusion and disagreements among beneficiaries, providing a clear resolution that respects the deceased’s wishes.

Ensures Debts Are Settled Properly

Probate helps ensure that all debts, taxes, and other financial obligations of the deceased are settled before assets are distributed to beneficiaries. This prevents creditors from making claims against beneficiaries after they’ve received their inheritance. In contrast, with a trust, if debts or taxes are not properly addressed, beneficiaries might face unexpected financial liabilities.

Cost-Effectiveness for Simple Estates

While the probate process can sometimes be lengthy and involve fees, it can be more cost-effective for smaller, less complex estates. The upfront costs of creating and maintaining a trust may not be necessary for families with straightforward assets. For these cases, probate provides a simpler and more affordable way to handle estate distribution.

No Need for Extensive Planning

Trusts require detailed planning, drafting, and sometimes continuous management, especially if the trust is set up to manage assets for beneficiaries over time. Probate, however, allows for the simpler creation of a will, which can be more accessible for families who don’t want to navigate the complexities of trust law.

When Probate Might Be the Right Choice for You

Choosing between probate and a trust depends on your specific situation, but probate may be better if:

You want court oversight to ensure fairness and transparency in how your estate is managed.
Your estate is relatively simple and doesn't require complex management or ongoing arrangements.
You prefer to avoid the upfront costs associated with setting up a trust.
You anticipate potential disputes among heirs, where having a court-supervised process can help resolve issues smoothly.

Benefits of Probate

Fri, 11 Oct 2024 07:19:08 GMT

Understanding the Benefits of Probate for Families

When a loved one passes away, families are often left to manage the distribution of their estate. This process can be overwhelming, especially during a time of grief. That's where probate comes in, providing a structured legal process for handling a deceased person’s estate. Although probate is often associated with complexity and delays, it actually offers several benefits that can ensure a smooth transition of assets. At [Your Law Firm's Name], we’re here to help you understand these benefits and guide you through the process.

What Is Probate?

Probate is the legal process of administering a deceased person’s estate. It involves validating the will, identifying assets, paying debts and taxes, and distributing what remains to the rightful beneficiaries. If there is no will, probate ensures that the estate is distributed according to state law. It’s a necessary step that brings order and transparency to the settlement of an estate.

Key Benefits of Probate

Ensures Legal Validity of the Will

Probate is crucial in verifying that a will is legally valid. This step prevents disputes among beneficiaries and ensures that the wishes of the deceased are respected. A court-supervised process helps to authenticate the will, offering peace of mind to everyone involved.

Protects the Interests of Heirs and Beneficiaries

One of the main benefits of probate is its role in protecting heirs and beneficiaries. Through the probate process, the court oversees the distribution of assets, making sure that each beneficiary receives their due share as outlined in the will or by state law. This transparency can help minimize conflicts among family members.

Manages Debts and Taxes Responsibly

During probate, all outstanding debts and taxes owed by the deceased are identified and addressed before the distribution of assets. This ensures that creditors are paid off and that the estate does not pass on financial liabilities to the beneficiaries. Proper management of debts during probate can save time and reduce potential legal complications later on.

Establishes Clear Title to Property

Real estate and other property can sometimes have unclear ownership or title issues, especially if they haven’t been updated for years. The probate process can clear up these issues, ensuring that property is transferred correctly and legally. This helps to prevent future legal disputes over property ownership and gives beneficiaries peace of mind.

Provides a Process for Disputes
Disputes over the validity of a will or the rightful distribution of assets are not uncommon. Probate provides a structured legal framework for resolving these disputes. When family disagreements arise, having a formal process in place can help to settle issues fairly and prevent prolonged conflicts.