Estate Planning Attorney

For most people in Tennessee, a simple will is sufficient. Trusts are useful if you own property in multiple states, have a blended family, have minor beneficiaries, or want to control distribution timing. The probate process in Tennessee is straightforward and less expensive than many people expect. We assess your specific situation and recommend accordingly.

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. The main problems: you don't get to choose who inherits, and you can't name guardians for minor children. A basic will prevents these issues and typically costs less than $1,000.

Simple wills start as low as $350, and trusts generally start at $2,500. The total cost depends on complexity. We provide flat-fee pricing upfront so there are no surprises.

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.

Beneficiary designations are a great estate planning tool - free and effective for financial accounts. However, they don't help you while you're alive (that's what Powers of Attorney and Living Wills are for). Also, most assets like vehicles, jewelry, and household items can't have beneficiaries named. A Last Will & Testament serves as a catch-all to ensure everything is distributed according to your wishes.

This is a common misconception. In Alabama, Georgia, and Tennessee, a surviving spouse does not automatically inherit everything. If you have children (adopted or natural), they share in the inheritance. See TN Code § 31-2-104, GA Code § 53-2-1, and AL Code § 43-8-41.

This is one of the most common issues we see in intestate estates. Even if your children are minors, estranged, or unlocatable, they are heirs-at-law. A will prevents this scenario.

Online services can work for very simple situations, but they don't account for state-specific laws or catch potential problems. Common issues we see include unclear language, missing required signatures, and contradictory provisions. A properly drafted will by a Tennessee attorney costs only a few hundred dollars more and ensures it works when your family needs it.

Review every 3-5 years or after major life changes: marriage, divorce, births, deaths, significant asset changes, or moving to a new state. Also update if your executor or guardian is no longer able to serve. Simple updates are usually $200-$500.

A power of attorney lets someone manage your finances if you're incapacitated. Without one, your family needs court approval to access your accounts or pay your bills. A healthcare power of attorney does the same for medical decisions. Everyone over 18 should have both - they're inexpensive and prevent significant complications during emergencies.

You can disinherit anyone except your spouse - Tennessee law gives spouses an "elective share" regardless of your will. Children have no automatic right to inherit, but you must disinherit them explicitly with clear language in your will. Simply leaving them out isn't enough.

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 free to set up and often a simpler alternative to trusts. Make sure your designations are current - they override your will.

No, executors can handle simple estates without an attorney. However, probate involves specific paperwork, court deadlines, and legal requirements where mistakes can create personal liability. For estates under $50,000, Tennessee has a simplified process. We also offer limited coaching if you want to handle some of the work yourself.