In this video attorney Joy Robertson explains the duties and rights of a personal representative in Tennessee. View the video below or see the transcript to hear Joy’s explanation for this confusing topic.
Hi, my name is Joy Robertson. I’m an attorney in Memphis, Tennessee. I help my clients obtain peace of mind by walking them through the often difficult probate process. After the death of a loved one. One common question that I’m frequently asked is, what are the duties of a personal representative. So often people come to see me, they themselves would like to be the personal representative over the state of their loved ones. They’re commonly a surviving spouse or a child of the deceased person. So there are several duties that are imposed on them by statute, which govern how they go about exercising their responsibilities as personal representative, the largest and most encompassing duty is that of a fiduciary. They have the duty to marshal assets and make sure that if there is a last will and testament those assets are distributed to the beneficiaries, in accordance with that last will and testament, if there’s not a will, then they have to make sure that the assets are distributed to the heirs at law in accordance with the intestacy statutes. Some of the other duties they have is they have a duty to, to notify known creditors of the decedent that an estate has been there but they also have a duty to send a copy of either the letters of administration, or the letters of testamentary to all of the beneficiaries and heirs at law of the estate. If there is a last will and testament then they also have a duty to send a copy of the will, as well. They then have to file an affidavit with the court within 60 days of the estate being open stating that they have complied with the student. They also have a duty to notify tenncare, that in a state has been opened in order to determine whether there is a potential tenncare subrogation claim that can be filed against the state. This duty to notify tenncare It applies when the decedent is over the age is 55 or older at the time they die. They also have a duty to file an inventory with the court of all of these state assets within 60 days of the opening of the estate. If there is not a last will and testament that waives that requirement. If you have any questions about the probate process, or if you have a particular case that you would like to discuss with me, please feel free to give me a call. Thanks.
If you have any further questions do not hesitate to call Joy or her team at Douglass & Runger, PLLC at (901) 388-5805 relating to other questions about the probate process.