When you aren’t clear about your wishes, you leave a blank space for your loved ones to try to fill in. This can be incredibly stressful to them – even if you’ve expressed your wishes to them but didn’t write them down – so it’s important to know your wishes ahead of time. Learn what could happen to you if you don’t make your wishes known.
What Happens if You Become Incapacitated in Tennessee?
If you become incapacitated in Tennessee (a temporary coma, for instance,) and have no medical power of attorney set, your loved ones may have to go to court and then a judge will decide who can make medical decisions for you if you’re unable to communicate your wishes.
Trying to determine your wishes after you can no longer express them can be an extremely stressful time for your family, which is why it’s so important to communicate your wishes ahead of time, just in case anything happens to you.
What Happens if You Die without a Will or Trust in Tennessee?
If you die without a will, that is called “intestate.” This means that whatever inheritance you leave behind, including your property, is subject to Tennessee intestate succession laws. Intestate laws typically leave your property to your surviving spouse and/or children, but parents, siblings, nieces, and nephews could become eligible too.
Here’s a quick breakdown of what would happen in Tennessee if you are married or have children:
If you have a spouse but no children, the spouse would inherit your entire estate, even if you’re separated.
If you have a spouse and children, the estate would be divided equally among all parties (except that the spouse can receive no less than 33% of the overall estate).
If you only have children, your estate would be split equally among all the children.
Keep in mind that only your biological and adopted children will inherit from you if you do not have a will. If you would like to leave part of your estate to step-children, foster children, godchildren, or other children who are close to your heart, you’ll want to make plans for that in your will or through non-probate beneficiary designations.
Here’s what would happen if you died unmarried and without children:
If you have a parent, the entire estate would go to your parent(s).
If you have sibling(s) but no living parents, the estate will be split equally among your siblings.
If you have no parents or siblings, the estate will be split equally among your siblings’ children.
If you’ve none of the above, the estate would be split equally among paternal and maternal aunts and uncles.
You don’t have to die to see how this one might end if you don’t write your decisions out!
Who Makes Funeral Decisions if You Die in Tennessee?
Similar to the above, if no one has been legally designated to make funeral decisions on their loved one’s behalf, it falls to the next-of-kin, which would be the spouse or adult children. Once the family member takes responsibility for making and paying for their loved one’s funeral arrangements, they sign a legal contract that obligates the funeral home to follow instructions from that family member alone.
Make sure you tell your family what you want so there’s a consensus during a difficult time..
What if there are no next of kin?
If there are no next of kin (as defined above) and no personal representative, any other person willing to assume responsibility and arrange the funeral (including the funeral director) can make funeral decisions, after attesting that a good faith effort has been made. As for your estate, if no family can be found it will ultimately be turned over to unclaimed property.
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Don’t leave a blank space for your family members to fill in regarding your end of life wishes. Don’t keep them second-guessing. Instead, leave something that people can read like a magazine to know what you want your life – and death – to be like. Want more tips like this one? Sign up for our newsletter!
It is well known that probate in Tennessee can be costly and has the potential to be very time-consuming. Many look for loopholes in the system as an attempt to shorten or eliminate the probate process. Some believe that adding their child’s name to their bank accounts or even placing their child’s name on their property deed can help speed the process along. While this strategy might give your child quicker access to money and could potentially help transfer ownership of your property faster after you pass, as a Davidson County estate planning lawyer, I warn that it is likely to cause headaches in the long run. Here are just a few things to consider before taking this action.
1. Your Child Has a Say in Important Decisions
By adding your child’s name to your deed, you have named them as a joint owner of the property. This creates a need for both parties to be in agreement regarding the sale or refinance of said property while you are still alive. The potential for intense family conflict exists if you and your child are not on the same page.
2. Sharing Creditors
Before deciding to add your child to your assets as joint owner, you must have a comprehensive understanding of your child’s credit situation. If they are in financial trouble, you could be at risk if you add them to your accounts. That’s because when you share ownership of assets, your child’s creditors could come after your assets for payment. Or, if your child is sued or gets a divorce, half of your assets could be up for the taking!
3. Your final wishes may not be honored.
Having your child named as joint owner of your assets makes them the sole owner when you pass. Regardless of any verbal agreement with your child as to how you want your assets distributed, they will have complete authority over such decisions. This could be a problem if you have other children or you have specific wishes about how you want your assets split up when you are gone. Legally, your child who becomes the sole owner of your property does not have to share a penny with anyone else.
The good news is that there are safer and more efficient ways to help your children avoid probate without encountering some of the drawbacks and problems detailed above. Consider talking to a Davidson County estate planning attorney before taking the step of adding your child’s name to your assets. We can help you get started. Contact us at (615) 846–6201 or click this link to set up a consultation with April.
If you plan on leaving money to minor children in your Last Will and Testament, you’ll have an important issue to consider: Who will be in charge of managing the inheritance and keeping the child’s money safe from being lost or squandered if the parents pass away?
Estate planning is often easier for married couples in this situation. One spouse leaves everything to the other spouse, and the surviving parent will take care of the children. But what happens if something happens to both parents, either at the same time or within a short span of time?
Unfortunately, a Nashville Will lawyer can tell you that there is no easy answer. Young beneficiaries usually require someone else to be named to manage their inheritance because they are legally unable (as in the case of a minor) or too immature to manage the inheritance themselves.
Parents often will ask the people named as guardians to also take responsibility for their children’s money and property. However, if you do not name anyone to manage finances for your children, the probate court will do it for you by appointing someone – perhaps a complete stranger – to serve as the children’s financial guardian. The financial guardian selected by the probate court must report frequently and has limited authority to make decisions.
It’s also important to note that, unless otherwise noted, children who are 18 or older will have complete control of the property and money left to them. That being said, you should consider raising the age at which your child gains financial responsibility to age 25 or older. This reduces the risk of your child’s inheritance being mismanaged or lost.
A Revocable Living Trust is often the best way to manage your children’s inheritance so that they do not receive a lump sum of money before they are mature enough to handle it. A Revocable Living Trust allows you to raise the age or layout key milestones in which the children receive their money. It also allows you to specify a trustee who oversees the distribution of funds to your children according to your wishes for their future and how their inheritance is to be spent.
If you have any questions about naming a person to manage a minor child’s finances, or if you are interested in learning more about setting up a Revocable Living Trust, please give our law firm a call at (615) 846–6201 or click this link to set up a consultation with our Nashville will lawyer.
Families today come in many beautiful and diverse forms. Whether you’re part of a blended family, a queer couple raising children, or a co-parenting arrangement that doesn’t fit the traditional mold, estate planning becomes especially important—and sometimes, a little more complicated.
One question that comes up frequently is whether a second-parent adoption is necessary or recommended. Here’s what you need to know—and how to decide if it’s the right move for your family.
What Is Second-Parent Adoption?
Second-parent adoption is a legal process where one parent adopts their partner’s biological or legally adopted child without terminating the first parent’s legal rights. It’s commonly used in families where both parents are raising a child, but only one is legally recognized as the parent under state law.
For example, in some states, if a child is born to a married same-sex couple, both spouses are not automatically recognized as legal parents. If a child is born through assisted reproductive technology, the non-biological parent may not be on the birth certificate. In blended families, a stepparent may be acting as a full-time parent without any legal status. Without legal parental rights, the second parent may have no say in medical decisions, no custody rights in the event of separation, and no automatic inheritance rights without a proper estate plan.
Why Legal Recognition Matters
Even if your day-to-day family life functions seamlessly, legal recognition ensures your parental role is protected—especially in moments of crisis. A second-parent adoption:
Grants full parental rights, including custody and decision-making power
Gives your child legal access to benefits like Social Security or health insurance through you
It can also protect your family if you move to a state with different laws or face challenges from extended family members in times of stress or grief.
Alternatives and Supplements to Adoption
Second-parent adoption isn’t the only tool available. Depending on your state and circumstances, other legal documents can help:
Custody or parenting agreements can be drafted to reflect your roles and expectations.
Healthcare proxies and powers of attorney ensure your partner can make decisions in an emergency.
Still, none of these carry the same weight or permanence as legal parentage through adoption.
Is Second-Parent Adoption Right for You?
It depends on several factors:
Your state laws: Some states automatically recognize both parents in a marriage or civil union, others do not.
Your family structure: Are you co-parenting with a former partner? Are you a step-parent raising a child from a prior relationship?
Your long-term goals: Do you want your partner or spouse to have full parental rights in every legal sense?
An experienced estate planning attorney can help you and your blended family understand the landscape and weigh your options.
Final Thoughts
Every family deserves the peace of mind that comes from knowing your legal rights match your lived reality. Whether it’s through second-parent adoption, estate planning tools, or both, we’re here to help you build a plan that fits your unique family.If you have questions about your next steps, let’s talk.Click here to schedule an initial call today!
As far as we know, we only live once – and we never know when it’s going to end. It’s important to plan so you can prepare.
You can start 2024 off strong by getting your affairs in order.
1. Create an Estate Plan
First, decide whether you want a will, a trust, or both. Some people opt for a will and a living trust, but it’s up to you what you choose. If you want an attorney to talk over your options, we’d be happy to do that!
You can also decide whether you want a durable power of attorney for finances (in case you’re not able to make financial decisions).
2. Plan for Your Healthcare
You can also consider whether you want to create an advance directive for your care. Most advance directives have a living will and durable power of attorney for healthcare.
The living will tells doctors what kind of care you wish to accept or reject when it comes to emergency treatment, and durable power of attorney lists the person you trust for your care should you become unable to communicate.
3. Organize Your Important Documents
Once you’ve prepared all of your important papers, organize them and put them all in one place.
Here are some examples of papers that you should keep together.
Personal Information
Personal info is needed for identification purposes and is best kept together so your family can be prepared when they need it.
Social security number
Date and place of birth
Names and addresses of spouse and children
Location of important legal certificates (birth/death, marriage/divorce, citizenship, adoption)
Employers and dates of employment
Education and military records
Names and phone numbers of religious contacts
Group memberships, awards
Names and numbers of close friends, relatives, doctors, lawyers, advisors
Health Information
Emergencies happen – and when you’re not prepared, your family has to scramble to find what your medications are, etc. Keep them all in the same place and be sure that your loved ones know where to look.
List of any ongoing conditions and treating doctors’ names
Current prescriptions (keep this list up-to-date)
Durable power of attorney for healthcare
Advance directive
Health insurance info, policy and phone number
Financial Information
Your finances will help family members better understand what financial resources they can draw from to help you with your care, should you need it.
Sources of income/assets
Social security benefits information
Insurance info (car, home, life, long-term care) with policies and phone numbers
Bank and account information
Investment income
Copy of the most recent income tax return
Location of most up-to-date will with original signatures
Liabilities, including what’s owned and when payment is due
Mortgages/debts, how and when they’re paid
Original deed of trust for home
Car title and registration
Credit and debit card numbers and names
Safe deposit box and key number
If you’re looking for a place to keep all of these, let us know. We’re happy to offer LawSafe memberships for a reasonable rate to help keep track of all the not-so-little things that your loved ones may need if there is an emergency or end-of-life event.
4. Talk with Your Loved Ones
Once you have everything in one place, tell your loved one where to find your information. Be sure to also tell your loved ones about your plans – you don’t want your family to find out after the fact that you’ve selected someone they don’t know as your Personal Representative!
You can also let your doctor know about advance care plans, and, if applicable, give your doctor permission to discuss your care with your family.
5. Review Plans Regularly and Update
Once you’ve done all the hard work (it takes time getting all that paperwork together), be sure to review your plans annually. If you’ve had a major change happen, you should consider revisiting your plans as well, to make any necessary updates.
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It takes time to get your affairs in order, but it is such a relief to your loved ones when they don’t have to worry about what your wishes are. In fact, this could be your masterpiece! If you’d like to get updates like this one on a regular basis, sign up for our newsletter!
When it comes to estate planning, you’ve probably heard advice like, “You need a trust” or “Avoid probate at all costs.” While these ideas might hold true for some, not everyone needs a trust, and probate can sometimes be an appropriate step. Understanding these topics can help you make informed decisions for your family. Let’s break down why:
What Is a Trust?
A trust is a legal arrangement that allows you to transfer assets to a Trustee. This person manages the trust for those you want to benefit. One of the advantages is that it helps avoid probate—the court-supervised process of transfering your assets after death. Trusts can provide an additional level of privacy, speed up the transfer of assets, and offer protection for your loved ones in difficult times.
Disadvantages of a Trust
While trusts offer many benefits, they aren’t essential for everyone. For example:
Trusts Can Be Expensive Setting up a trust requires meeting with an attorney to prepare the trust documents and potentially hiring professionals to administer it, which can be costly. For some individuals, these expenses outweigh the potential benefits, particularly if there are simpler ways to achieve the same goals. For example, if your family is in agreement, the Court can waive the requirement of making your assets public.
Trusts Need Active Management Once a trust is created, it needs ongoing attention. You have to transfer assets into the trust, update it as your financial situation changes, and ensure that it remains aligned with your wishes. This level of involvement is unnecessary if simpler tools can efficiently achieve your goals.
How to Save Money on Your Estate Plan with a Will vs. Trust
You’ve probably heard that you want to avoid probate. But in many cases, it’s not as bad as you may think. In fact, sometimes it’s a good thing!
In Some States, Probate Is Streamlined Each state has its own process for probate. Some states, like California and Florida, are complex enough that having a trust is a good idea for most people. However, in Tennessee, probate can be relatively quick, inexpensive, and straightforward, making it less of a concern. Of course, it’s a good idea to listen to your attorney about what is best for your family.
It Provides Oversight Probate ensures that a court oversees the distribution of assets, which can be beneficial for resolving disputes or ensuring that creditors are paid. For families with potential disagreements, this legal oversight might prevent further conflicts.
Not All Assets Go Through Probate Assets such as life insurance policies, retirement accounts, and some jointly owned property pass directly to beneficiaries. If your estate consists of these types of assets, putting them in a trust may not make much sense. In fact, many people structure their estate planning so that nothing will go through probate and then use a will as a back-up plan. (Because you know we always want to have a back-up plan!)
Is a Trust Right for Me?
While it may not be for everyone, a trust may be a good choice if:
You have a large or complex estate.
You own property in multiple states (which could trigger probate in each state).
You want to maintain privacy regarding the distribution of your assets.
You have minor children or beneficiaries who require special care.
Depending on your situation, your attorney may even recommend using a trust as a part of your will, which can be less expensive and time-consuming than creating a stand-alone trust.
Estate planning is not one-size-fits-all, and the decision to create a trust should be tailored to your unique situation. Your estate planning attorney should be able to help you weigh the costs and benefits, address any “what ifs, and explain how the plan reflects your goals. Ultimately, the key is to create a plan that provides peace of mind for you and your loved ones, whatever form that may take.
If you have questions about trusts or other estate planning tools, reach out to our office. We’re here to help you navigate the process and make the best choices for your future.
