Estate Planning & Trusts in Tennessee

FAQ

Frequently Asked Questions About Estate Planning

Do I need a will or trust in Tennessee?+

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.

What happens if I die without a will in Tennessee?+

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.

How do estate planning attorney fees work at Clements & Eubanks?+

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.

What is a revocable living trust?+

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.

How often should I update my estate plan?+

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.

What is the difference between a will and a trust in Tennessee?+

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.

Can I write my own will in Tennessee?+

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.