Wills & Power of Attorney in Tennessee

FAQ

Frequently Asked Questions About Wills & POA

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

If you die without a will, Tennessee's intestacy laws decide who inherits — generally your spouse and children first, then other relatives. That default may not match your wishes, can leave out people you intended to provide for, and often creates delay and conflict for the family left behind. A will lets you name who receives what, choose a guardian for minor children, and name the person you trust to settle your estate. We help you put those decisions in writing so your family is not left guessing.

Why isn't a DIY or online template will enough?+

Online templates give you a document, not a plan. Tennessee law has specific execution requirements — the right number of independent witnesses, proper signing order, and notarization for a self-proving will — and a single misstep can make the will unenforceable. Templates also miss issues a person would not think to ask about, like beneficiary designations that override the will or tax consequences for heirs. We most often see these problems after someone has passed, when it is too late to fix. Doing it right the first time spares your family that expense and stress.

What makes a will legally valid in Tennessee?+

A typical Tennessee will must be in writing, signed by you, and witnessed by two competent, disinterested people who sign in your presence. Making the will "self-proving" with a notarized affidavit lets it be admitted to probate without tracking down the witnesses later. Witnesses should not be beneficiaries, and the signing has to happen in the correct order. These formalities are exactly where do-it-yourself wills tend to fail. We make sure your will is drafted and executed so it carries full force and effect when it matters.

What is a durable power of attorney, and do I need one?+

A durable power of attorney names someone you trust to handle financial or legal matters for you if you become unable to act for yourself, and "durable" means it stays in effect even if you are incapacitated. Without one, your family may have to ask a court to appoint a conservator — a slower, costlier, more public process. Most adults benefit from having one in place well before it is needed. We help you choose the right agent and set the proper scope so your affairs keep running during an illness or emergency.

What is the difference between a financial and a healthcare power of attorney?+

A financial power of attorney lets your chosen agent manage money matters — paying bills, handling accounts, managing property. A healthcare power of attorney, often paired with an advance directive or living will, lets a trusted person make medical decisions and access your health information if you cannot speak for yourself. They cover different parts of your life, and most people should have both. We prepare them together as part of a complete plan so someone you trust can step in on either front without going to court.

How often should I update my will and power of attorney?+

We recommend reviewing your documents every three to five years and after any major life event — marriage, divorce, a new child or grandchild, a death in the family, a significant change in assets, or a move to another state. Changes in Tennessee law can affect your plan too. An out-of-date will or power of attorney can be as much of a problem as having none at all. A quick review keeps your documents accurate and makes sure the right people still hold the authority you intended.