General information about estate planning under Tennessee law
Call (931) 552-6000If a person dies without a valid will, Tennessee law decides who inherits, and a court-supervised process decides who handles the estate. A will lets you choose who will serve as executor, who will receive your property, and, if you have minor children, who you would like to be considered as their guardian. A trust can add flexibility for some families. Albert Marks, whose practice focuses on estates, and the firm’s other attorneys can explain the options. The firm has served families in Clarksville since 1923.
Tennessee has strict signing rules for most wills. The person making the will (the testator) must tell at least two witnesses that the document is his or her will and then sign it, acknowledge a signature already made, or direct someone else to sign in the testator’s presence. The witnesses must then sign in the presence of the testator and in each other’s presence. A will that does not follow these steps can be challenged, even if everyone agrees it reflects what the person wanted. Tennessee also recognizes a will written entirely in the testator’s handwriting in some circumstances, but these are often difficult to prove and are not a substitute for careful planning.
A “self-proving affidavit,” signed before a notary, is not required for a will to be valid. It can make probate easier because the court may not need the witnesses to testify later. Properly signing the will and the affidavit at the same ceremony is a good practice.
A trust is a legal arrangement in which a person (the trustee) holds property for the benefit of others. A revocable living trust that is properly funded can allow assets titled in the trust to pass without going through probate, and it can provide for management of property if the person who created the trust becomes unable to manage it. Trusts can also be used to hold property for children or grandchildren over time, or to provide for a family member who has special needs.
A trust does not do any of this automatically. Assets have to be properly transferred into it, beneficiary designations on retirement accounts and life insurance need to be coordinated, and a trust still needs a trustee who understands the duties involved. A trust is not right for everyone, and for some families a simple will is a better fit. The right answer depends on the size and kind of assets, family circumstances and goals.
Estate planning often includes other documents, such as a durable power of attorney and health care directives. We can discuss which documents make sense in your situation. After a death, the will must be filed with the probate court; see our page on probate and estate administration. If a will or trust is disputed, see estate litigation. Business owners should also consider how a business interest would be handled; see forming an LLC.
Our only office is in Clarksville, and we handle matters for clients in Montgomery County (Clarksville), Stewart County (Dover), Houston County (Erin), Robertson County (Springfield), and Cheatham County (Ashland City). A will is probated in the county where the person lived at death, which is why many families look for counsel who works in more than one county’s probate court.
Call to schedule a consultation about a will, a trust, or other estate planning.
Office: 233 Dunbar Cave Road, Suite A, Clarksville, TN 37043 · Monday–Friday, 8:30 AM–5:00 PM
Email: [email protected] · Fax: (931) 645-1890
Contacting the firm does not create an attorney–client relationship. Please do not send confidential information until a relationship has been established. General information on this page is not legal advice, and every situation is different. Past matters do not predict the outcome of any future matter.