Wills Lawyer in Tennessee

A last will and testament is a document you create to instruct others on the distribution of your property after your death. Who gets the house? Who will be custodian of your children and who will act as Trustee for trusts held for their benefit?  Who gets Grandma's antiques? Who takes care of the pets? These are just some of the questions upon which a will answers and instructs, and just some of the information needed to draft a last will and testament.

Our estate planning attorney in Tennessee will review your assets and discuss your estate with you. Making sure your goals for today and tomorrow are met is our personal goal at Melinda Buck Brown, LLC. Contact us online or at (865) 535-5335 to learn more about wills, specifically, and estate planning, generally. 

What is the Purpose of a Will?

The person creating a Will is known as a testator. The testator devises property and assets to named family and loved ones, the beneficiaries, in a Will. This gives testators far more control over assets – both while they are alive and after they pass away.

A Will serves four general but important purposes:

  1. Allows property owners to control what happens to their belongings and property after they die.
  2. Prevents disputes among family members.
  3. Protects the decedent's minor heirs by appointing a guardian and a trustee.
  4. Allows you to appoint an executor or personal representative to oversee the estate.

In order for the Will to work as intended, it must adhere to proper procedures in accordance with state law.

General Requirements of a Will in Tennessee

Each state's requirements for a valid Will differ somewhat, but all states have four basic requirements:

  1. The testator subjectively intended to create the Will;
  2. The testator understood that he was creating the Will at the time of its execution;
  3. The Will must have been executed without the interference of fraud, duress, undue influence, or mistake; and
  4. The Will must have been duly executed through a proper signing ceremony.

Intestacy: The "Default" Method if You Die Without a Will

If someone dies without a Will, this is known as dying "intestate." Should a person die intestate, the probate court can make decisions on how to distribute property and care for children. There are two key reasons to create a Will, rather than relying on intestacy laws to devise your property, and the reasons relate to family and probate matters. 

Family

Intestacy laws aim to pass property in a way that most people want it to pass, meaning property is passed to immediate family members first, spouse and children, then parents, siblings, grandparents, and so on. Intestacy laws only benefit you if you are happy about your property going to your immediate family member. 

The problem here is when you don't have a perfect relationship with a family member, who may be unfit or unable to disburse your assets and care for your minor children. This could result in property, (or even the custody of a minor child) passing to a relative who cannot care for a minor child or manage the property. 

Probate

Property governed by intestacy law must pass through probate court and may be delayed because of family infighting and disputes.  However, a well-crafted last will and testament will go through probate quickly and without incident because the testator addressed anticipated problems in the family and appointed appropriate family members as fiduciaries who could manage the estate.

Further, there are other ways to distribute property according to your wishes while also avoiding probate completely. Speaking with an estate planning lawyer will help you determine what will work best in your specific situation and with your specific assets.  

The Risks of “Do-It-Yourself” Wills in Tennessee

The expense and lack of control that comes from dying intestate, coupled with the perceived costs of hiring a lawyer to write a will, has led to a huge increase in the use of “do-it-yourself” wills. These forms, often found online for a fee, claim to be just as good as a traditional will prepared by an experienced attorney.  

However, these "one size fits all" documents are not tailored to your unique circumstances, may not comply with state law, or contain the necessary wording to ensure a speedy probate. The process to create a DIY will is often accompanied by mistakes that open the door for challenges to the validity of a Will upon your death. A court may dismiss the Will completely.

Contact an Attorney for Wills in Oak Ridge, Tennessee

If you are considering making a last will and testament, make sure that you comply with the law and provide very specific instructions in the will. At Melinda Buck Brown, LLC, our estate planning attorney helps clients in Oak Ridge create strong Wills that comply with state laws so you don't have to worry about it. We know how hard you worked for your assets and understand why it is so important to distribute your assets in the way you see fit to do it. Contact us by filling out the online form or calling us directly at (865) 535-5335 to schedule a Consultation.

Melinda Buck Brown, LLC Attorney at Law Is Here for You

At Melinda Buck Brown, LLC Attorney at Law, we focus on estate planning, and we are here to listen to you and help you navigate the legal system.

Contact Us Today

We are committed to answering your questions about estate planning issues in Tennessee. We offer free consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.