Estate Planning Attorney

For most people in Tennessee, a simple will is sufficient. Trusts are useful if you own real estate, have a blended family with complex inheritance wishes, have underage children or beneficiaries, or want to manage assets for beneficiaries who can't handle money responsibly. The probate process in Tennessee is straightforward and not as expensive as trust salespeople claim. We'll look at your actual situation and give you a realistic assessment, not a sales pitch.

Tennessee's intestacy laws determine who inherits your property. Generally, your spouse gets everything if you have no children, or shares with your children if you do. If you have no spouse or children, it goes to parents, then siblings, then more distant relatives. The main problems are: you don't get to choose, the process takes longer, and you can't name guardians for minor children or specify personal items. A basic will prevents these issues and typically costs less than $1,000.

Simple Wills are as low as $350, and trusts generally start at $2,500. The total price of your plan will depend on the complexity. We provide flat-fee pricing upfront so there are no surprises. Many people spend thousands on trusts they don't need. We'll tell you upfront what you need based on your assets, family situation, and goals.

A will (last will and testament) distributes your property after death. A living will (advance healthcare directive) tells doctors what medical treatment you want if you can't communicate. You need both. The living will covers end-of-life decisions like life support. A healthcare power of attorney names someone to make medical decisions for you. These are separate from your regular power of attorney that handles financial matters.

That's up to you. It depends on how stress-free you want to make it for your family. Powers of Attorney and Living Wills/Advance Directives are for when you are alive. They are there to protect you while you are still living, but unable to help yourself. A Last Will & Testament is there for after you pass away. We recommend having, at a minimum, a Last Will & Testament and Powers of Attorney.

First, naming beneficiaries (or payable-on-death designations) to financial accounts is one of the greatest estate planning tools there is, and you can do it without an attorney, for free. However, that will have zero effect on helping you while you are still alive. That's what the Powers of Attorney and Living Wills/Advance Directives are for. They are there to protect you while you are still living, but unable to help yourself. Further, other than financial accounts, life insurance policies, and certain business interests, most assets do not have the ability to have beneficiaries named, such as vehicles, boats, cash, jewelry, precious metals, collectables, household effects, and other tangible and intangible assets. This is what a Last Will & Testament and/or a Trust would be utilized for. We recommend having, at a minimum, a Last Will & Testament as a catch-all for any assets out there (including something you may not have even acquired yet) to ensure it's distributed according to your wishes.

Wrong. We have no idea where this misconception was created, because it has long been the law in Alabama, Georgia, and Tennessee, that the surviving spouse DOES NOT inherit everything by default. This would only happen if you have no children. If you have any kids, adopted or natural, your kids and your spouse share in the inheritance to some degree (although it varies a little between states). See TN Code § 31-2-104, GA Code § 53-2-1, and AL Code § 43-8-41.

This is where our attorneys see most issues for intestate probate matters (meaning, the deceased had no valid will). Even if your children are minors, or are estranged, or unlocatable, or incompetent, they are heirs-at-law in the states that Burd Law Firm practices in. However, you could do a Will to prevent this scenario.

Online services can work for very simple situations, but they don't account for Tennessee-specific laws or catch potential problems. I've seen plenty of DIY wills that created more problems than they solved - unclear language, missing required signatures, contradictory provisions. A properly drafted will by a Tennessee attorney costs only a few hundred dollars more than online services and ensures it actually works when your family needs it. False economy to save $300 now and cost your heirs $5,000 later.

Review your will every 3-5 years or after major life changes: marriage, divorce, births, deaths, significant asset changes, or moving to a new state. Tennessee wills remain valid after you move, but other states have different rules. If your executor or guardian moved away or died, update it. If your asset situation changed dramatically, review it. Simple updates are usually $200-$500. Complete rewrites cost similar to a new will.

A power of attorney lets someone manage your finances if you're incapacitated. Without one, your family needs court approval to access your accounts, pay your bills, or sell property - even to pay for your care. A healthcare power of attorney does the same for medical decisions. These are just as important as your will because they protect you while you're alive. Everyone over 18 should have both. They're inexpensive and prevent enormous headaches during family emergencies.

You can disinherit anyone except your spouse. Tennessee law gives spouses an 'elective share' - they can claim a portion of your estate even if your will says otherwise. Children have no automatic right to inherit, so yes, you can disinherit them, but you must do it explicitly in your will. Simply leaving them out isn't enough; you need clear language stating your intent. If you want to disinherit someone, we'll draft it properly so your wishes stick.

Assets with beneficiary designations skip probate: life insurance, retirement accounts, payable-on-death bank accounts, and transfer-on-death investment accounts. Jointly owned property with right of survivorship also passes directly. These are often better than trusts for avoiding probate because they're free to set up. Make sure your beneficiary designations are current - they override your will. Many people create complex trusts when simply updating beneficiaries would solve the problem.

No, executors can handle simple estates without hiring an attorney. However, most people hire one because probate involves specific paperwork, court deadlines, and legal requirements. Getting it wrong can create personal liability. Attorney fees for probate are usually 3-5% of the estate value, or hourly rates around $250-$350. For estates under $50,000, Tennessee has a simplified process that's easier to handle yourself. We can provide limited coaching if you want to do some of the work yourself.