Frequently asked questions.
FAQs – General
Q: Do you handle elder law or Medicaid planning?
A: No. We focus on estate planning, probate, and guardianships/conservatorships for children and individuals with special needs.
Q: How do I start the process of creating a will?
A: You can complete our easy online intake form, and we’ll follow up with a consultation to finalize your plan.
Q: What’s the difference between a guardianship and a conservatorship?
A: A guardianship applies to a minor child, while a conservatorship is for an adult who cannot make their own decisions.
provides more control and protection.
FAQs – Blended Families and Estate Planning in Tennessee
Q: Can my stepchildren inherit from me if I don’t adopt them?
A: No. Under Tennessee law, stepchildren do not automatically inherit unless you legally adopt them or specifically include them in your will or trust.
Q: What happens if I die without a will in Tennessee and I have children from a prior marriage?
A: Without a will, Tennessee intestacy laws divide your estate between your surviving spouse and biological or adopted children. This may leave your current spouse with less than you intended—or leave your children feeling unprotected.
Q: How can I provide for my current spouse but also make sure my children inherit?
A: A trust can be a powerful tool. It allows your spouse to receive income and support during their lifetime, while ensuring your children receive the remaining assets later.
Q: What if my spouse and I want “everything to each other” first, then to our children later?
A: This can be done, but without a trust in place, a surviving spouse could change their will and cut out stepchildren entirely. Planning ahead prevents this risk.
Q: How often should blended families review their estate plan?
A: At least every 3–5 years, or sooner if there are major changes such as remarriage, divorce, new children, adoption, or significant changes in financial circumstances.
FAQs – Probate in Tennessee
Q: What happens if someone dies without a will in Tennessee?
A: If there’s no will, Tennessee law (called intestacy law) decides who inherits. Usually, this means property is divided between the surviving spouse and children, or other close relatives if no spouse or children exist.
Q: Do small estates need probate?
A: Tennessee offers a simplified probate process for estates worth less than $50,000 (not including real estate). This is called a small estate affidavit and can save time and expense.
Q: How long does probate usually take?
A: Most estates take between 6–12 months to settle, though disputes or complicated assets can cause delays.
Q: Can probate be avoided?
A: Yes, with proper planning. Common tools include revocable living trusts, joint ownership, and beneficiary designations on accounts.
Q: What debts must be paid before heirs can inherit?
A: The estate is responsible for paying funeral costs, valid debts, medical bills, and taxes before property can be distributed.
Q: Who serves as the executor or administrator?
A: If there’s a will, the person named as executor will usually be appointed. If there’s no will, the court will appoint an administrator—often a spouse, adult child, or another close relative.
Q: Do all assets go through probate?
A: No. Assets with a named beneficiary (like life insurance, retirement accounts, and payable-on-death accounts) usually bypass probate, as do assets held in trust or jointly owned with survivorship rights.
Q: Do I need an attorney to go through probate in Tennessee?
A: While not legally required, probate can be confusing. Having an experienced attorney helps avoid mistakes, ensures deadlines are met, and can prevent costly disputes.
FAQs – Power of Attorney vs. Guardianship in Tennessee
Q: Can I have both a Power of Attorney and a Conservatorship?
A: Usually, if a valid Power of Attorney is in place, a conservatorship is not needed. However, if the PoA does not cover certain decisions or if there is a dispute about the agent’s actions, a court may still appoint a conservator.
Q: Does a Power of Attorney expire when I die?
A: Yes. A POA is only valid during your lifetime. At death, your estate is managed through your will, trust, or probate process.
Q: Can I change or revoke a Power of Attorney?
A: Yes, as long as you still have decision-making capacity, you can revoke or update your POA at any time.
Q: How long does it take to get a conservatorship in Tennessee?
A: It depends on the court’s schedule and the facts of the case, but it often takes several weeks or months. Emergencies may be handled with temporary orders.
Q: Is a Power of Attorney cheaper than a conservatorship?
A: Yes. Drafting a POA is relatively simple and cost-effective. Conservatorship involves filing fees, attorney’s fees, and ongoing court oversight, making it much more expensive.
Q: Who should I name as my Power of Attorney?
A: Choose someone you deeply trust—often a spouse, adult child, or close friend. The person should be reliable, organized, and willing to act in your best interest.
FAQs – Protecting Children’s Inheritance
Q: Should I leave my children’s inheritance outright or in a trust?
A: Leaving an inheritance outright may seem simple, but it leaves the money vulnerable to creditors, divorce, and mismanagement. A trust provides more control and protection.
Q: What if I want to treat my children differently in my estate plan?
A: It’s common for parents to leave different amounts or types of assets to each child based on need or circumstances. A trust allows you to clearly outline your wishes and reduce disputes.
Q: How do I protect my child’s inheritance if they are bad with money?
A: You can structure a trust to provide for your child over time, with distributions at specific ages or for specific needs like education or healthcare. This prevents overspending.
Q: Can my child’s spouse access their inheritance?
A: Without protections, inherited assets could become part of marital property. A trust can help keep the inheritance separate and secure.
Q: What happens to my children’s inheritance if I remarry?
A: Blended families require careful planning. A trust can ensure your children are still provided for, even if you remarry.
Q: What if my child has special needs?
A: Leaving money outright could disqualify a child with disabilities from benefits. A special needs trust allows them to inherit without losing essential support.