What happens if an individual is incapacitated and he or she has not appointed a health care decision-making agent to act on his or her behalf? The Tennessee Health Care Decisions Act answers this question by allowing for a health care decision-maker (surrogate) to be designated.

In short, no. But that doesn’t mean a person has to go through the full probate process in order to inherit real property in Tennessee.

If someone dies and the only thing they own is real estate and some personal possessions, meaning they have no bank accounts, stocks or bonds, retirement accounts, or other similar assets, a beneficiary can claim title to the real estate in a very simple proceeding versus a full probate process.

This is a question estate planning attorneys hear almost every day. The answer to this question is pretty typical of lawyers: “It depends.” In this post, we’ll give you some things to think about before you meet with a lawyer.