Frequently Asked Questions

Every Tennessee adult should have at least a basic estate plan. A will directs how your assets are distributed after death and names a guardian for minor children. A trust may be appropriate if you want to avoid probate, maintain privacy, or provide ongoing management of assets for beneficiaries. During a consultation, we evaluate your situation and recommend the documents that best fit your needs and goals.

If you die without a will in Tennessee, state intestacy laws determine how your assets are distributed. Generally, your spouse and children inherit first, followed by parents and siblings. This default distribution may not match your wishes and can create unnecessary conflict among family members. An estate plan ensures your assets go where you want them to go.

Fees depend on the complexity of your plan. A straightforward will is simpler than a comprehensive estate plan that includes trusts, powers of attorney, and advance directives. We discuss fees openly during your initial consultation so you understand the scope of representation before any work begins.

A revocable living trust is a legal entity you create during your lifetime to hold and manage your assets. You maintain full control as trustee and can modify or revoke the trust at any time. When you pass away, assets in the trust transfer to your beneficiaries without going through probate, which saves time, reduces costs, and maintains privacy.

We recommend reviewing your estate plan every three to five years or whenever you experience a major life event such as marriage, divorce, the birth of a child, a significant change in assets, or a move to a different state. Tennessee law changes can also affect your plan, so periodic reviews with your attorney help keep your documents current and effective.

A will takes effect after death and must go through probate court. A trust can take effect during your lifetime and typically avoids probate entirely. Trusts also provide more control over how and when beneficiaries receive assets. Many comprehensive estate plans include both a will and a trust working together.

Tennessee allows holographic (handwritten) wills, but they must meet specific legal requirements. DIY wills often contain errors that can lead to costly disputes or result in the will being declared invalid. An attorney-drafted will ensures your documents comply with Tennessee law and accurately reflect your wishes.

Elder law is a legal specialty focused on the needs of aging adults and their families. It encompasses Medicaid planning, long-term care strategies, conservatorships and guardianships, veterans benefits, Social Security Disability, advance care planning, and protection against elder abuse. An elder law attorney helps families plan for and respond to the legal challenges that come with aging.

Tennessee Medicaid (TennCare) for long-term care has strict income and asset limits that are adjusted periodically. Certain assets like your primary residence (up to a value limit) and one vehicle are typically exempt. Medicaid planning with an experienced attorney can help you structure your assets to qualify while preserving resources for your family.

Tennessee Medicaid has a five-year look-back period. This means Medicaid reviews all asset transfers made within five years of your application date. Transfers made for less than fair market value during this period can result in a penalty period during which Medicaid will not pay for your care. Planning ahead is essential to avoid these penalties.

There are several legal strategies for protecting assets while qualifying for Medicaid, including irrevocable trusts, spousal protections, caregiver agreements, and proper spend-down planning. The key is to start planning as early as possible, ideally at least five years before you anticipate needing long-term care. Our attorneys evaluate your specific situation and develop a personalized strategy.

The VA Aid & Attendance benefit provides additional monthly income to veterans and surviving spouses who need help with daily activities or are housebound. This benefit can help cover the cost of assisted living, nursing home care, or in-home care. Eligibility depends on military service history, medical needs, and financial qualifications. Our attorneys help veterans and their families apply for these benefits.

A power of attorney is a document you create voluntarily while you have mental capacity, naming someone to manage your affairs. A conservatorship is a court-ordered arrangement imposed when someone has already lost the ability to manage their own affairs and did not have a power of attorney in place. Conservatorships are more expensive, time-consuming, and restrictive than powers of attorney, which is why advance planning is so important.

Long-term care planning involves evaluating insurance options, understanding Medicaid eligibility rules, considering asset protection strategies, and creating advance directives. Nursing home care in Tennessee is expensive enough that advance planning is essential for most families. We help families develop comprehensive plans that address both the financial and legal aspects of long-term care.

Tennessee probate begins when someone files the deceased person's will with the county clerk's office, along with a petition to open the estate. The court appoints an executor (if there is a will) or an administrator (if there is no will) to manage the estate. The process involves inventorying assets, notifying creditors, paying debts and taxes, and distributing remaining assets to beneficiaries.

A straightforward probate case in Hamilton County typically takes six to twelve months. More complex estates involving business interests, contested wills, or complicated tax issues can take longer. Tennessee law requires a minimum four-month creditor notification period before an estate can be closed.

Yes, there are several ways to avoid probate in Tennessee. Assets held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, jointly titled property, and life insurance proceeds with named beneficiaries all pass outside of probate. A comprehensive estate plan can be designed to minimize or eliminate the need for probate.

A probate attorney guides the executor or administrator through the legal process of settling an estate. This includes filing court documents, advising on legal obligations, managing creditor claims, preparing tax returns, resolving disputes among beneficiaries, and ensuring the estate is distributed according to the will or Tennessee law.

Probate in Tennessee can involve court filing fees, attorney fees, executor compensation, and potentially accounting and appraisal fees. The scope depends on the size and complexity of the estate. We walk through the expected scope of work at the start of each engagement so executors understand what is involved.

Assets titled solely in the deceased person's name without a beneficiary designation go through probate. This typically includes individually owned real estate, bank accounts without payable-on-death designations, vehicles titled in the deceased person's name alone, and personal property. Jointly owned assets, trust assets, and accounts with beneficiary designations generally bypass probate.

Tennessee follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court considers factors including each spouse's contribution to the marriage, economic circumstances, the duration of the marriage, and the value of separate property. Our attorneys help clients identify, value, and advocate for a fair division of marital assets.

Tennessee courts make custody decisions based on the best interests of the child. Factors include each parent's relationship with the child, the child's adjustment to home and school, each parent's mental and physical health, and the child's preference if they are old enough. Tennessee encourages shared parenting and requires a parenting plan in all custody cases.

Tennessee requires a minimum waiting period of 60 days for divorces without minor children and 90 days for divorces with minor children. An uncontested divorce where both parties agree on all terms can be finalized shortly after the waiting period. Contested divorces involving disputes over property, custody, or support can take six months to a year or longer.

An uncontested divorce means both spouses agree on all terms including property division, custody, and support. A contested divorce means the spouses disagree on one or more issues and need the court to make decisions. Uncontested divorces are faster, less expensive, and less stressful. Our attorneys work to resolve disputes through negotiation whenever possible.

The scope of representation depends on whether the divorce is contested or uncontested and the complexity of the issues — custody, property division, support. Uncontested divorces with agreed-upon terms are a much smaller engagement than contested cases requiring trial. We discuss scope and fees openly during your initial consultation so you can make informed decisions about how to proceed.

Tennessee law allows grandparents to petition for visitation rights in certain circumstances, such as when the parents are divorced, when a parent has died, or when the child lived with the grandparent for at least 12 months. The court must find that visitation is in the child's best interest and that denying visitation would cause substantial harm to the child.

While Tennessee does not legally require an attorney for real estate closings, having one protects your interests. An attorney reviews the title search, examines the contract and loan documents, identifies potential issues, and ensures the closing is conducted properly. For most people, a home purchase is the largest financial transaction of their life, making legal review a worthwhile investment.

A real estate attorney reviews all closing documents for accuracy, ensures the title is clear of liens and encumbrances, prepares the deed, oversees the signing of documents, and manages the disbursement of funds. We also address any last-minute issues that arise and ensure the deed is properly recorded with the county.

Common title issues include liens from unpaid taxes or contractors, boundary disputes, easements that affect property use, errors in prior deeds, undisclosed heirs with potential claims, and encroachments from neighboring properties. A thorough title search identifies these issues before closing so they can be resolved.

Real estate attorneys in Chattanooga handle residential and commercial closings, title reviews, contract negotiation, deed preparation, boundary and easement disputes, and commercial transactions. Our scope of work depends on whether you are buying, selling, or resolving a dispute. We discuss the engagement openly before any work begins.

You should consult a litigation attorney when you receive a lawsuit, have a dispute that negotiation has not resolved, need to enforce a contract, or have suffered harm due to someone else's negligence. Early legal advice often prevents disputes from escalating and can save significant time and money.

Tennessee statutes of limitations vary by claim type. Personal injury claims generally have a one-year deadline. Written contract disputes have a six-year limitation period. Property damage claims must be filed within three years. Missing these deadlines can permanently bar your claim, so consulting an attorney promptly is important.

Mediation is often faster, less expensive, and less adversarial than going to court. It allows both parties to reach a mutually acceptable resolution with the help of a neutral mediator. However, mediation requires both parties to negotiate in good faith. When mediation fails or the other party is not willing to participate constructively, litigation may be necessary to protect your rights.

Social Security Disability Insurance (SSDI) is for workers who have paid enough Social Security taxes to earn coverage, similar to insurance. Supplemental Security Income (SSI) is a needs-based program for low-income disabled, blind, or elderly individuals, regardless of work history. Medical eligibility rules are the same for both programs, but the financial rules differ significantly. Some claimants qualify for both concurrently.

Most initial disability claims in Tennessee are denied. Common reasons include insufficient medical evidence, a finding that you can perform past work or other jobs in the economy, earning too much from ongoing work, or missing deadlines. A denial is not the end of the road — the vast majority of claims that ultimately succeed do so on appeal, often after a hearing before an administrative law judge.

Initial decisions typically take three to six months. Reconsideration adds another three to five months. Hearings before an administrative law judge can take twelve to eighteen months or longer, depending on the hearing office's backlog. Cases that proceed to the Appeals Council or federal court add additional time. Having an attorney early helps ensure the record is properly developed at each stage.

Earning more than the Substantial Gainful Activity (SGA) limit set by Social Security will generally disqualify you. The SGA limit is adjusted periodically, and ongoing work activity of any kind will be scrutinized. Limited part-time work below the threshold may be permitted. If you are considering a return to work after being approved, the Trial Work Period and related programs may let you test employment without immediately losing benefits. We review your specific work situation during your consultation.

Social Security requires objective medical evidence from acceptable medical sources showing a physical or mental impairment expected to last at least twelve months or result in death. This typically includes treating physician records, specialist reports, imaging, lab results, and — for mental conditions — psychiatric or psychological evaluations. A detailed functional statement from your treating doctor describing what you can and cannot do is often the single most valuable piece of evidence.

Social Security Disability representation operates on a contingency fee approved by the federal government — you pay nothing unless your claim succeeds. If the claim is denied and no past-due benefits are awarded, no fee is owed. The federal fee cap is set by statute and applies regardless of the complexity of the case. We explain exactly how the fee works before any representation begins.

You are not required to have a lawyer, but represented claimants have significantly higher success rates at hearings than unrepresented ones. An attorney prepares witnesses, cross-examines the vocational expert, develops the medical record strategically, and knows how to frame testimony within the Social Security regulations. For most claimants, the contingency fee structure makes representation essentially risk-free.