Wills and estates

The difference is in the details

Some people assume that a do-it-yourself will is sufficient to document their wishes. However, as a general rule, do-it-yourself kits pose a variety of dangers, including the fact that most are general and do not take into account state specific laws. Many people also assume that they only need a will if they have a large estate or if they are older. However, it is critical for everyone to have a will. Unfortunately, young people die every day and, as a general rule, even smaller estates must go through the probate process.

If you have no will, consider these questions. If you have minor children and die without a will, how can a court considering where to place your children know who you thought would be the best person to raise them? If you do not have a will, the person who administers your estate will be required to post a bond, file an inventory and prepare an accounting. You are entitled to waive all of these requirements in your will. Do you want your family members to bear the burden of complying with all of these legal rules? We assist clients with planning for the unexpected - so that your heirs know what you want done when you are unable to voice those decisions yourself. We also assist heirs with probate and estate administration.

We also provide clients with the tools necessary to express their desires regarding end of life issues and who they wish to make financial and medical decisions for them in the event that they are unable to do so. These tools often allow a client’s family to avoid the expensive litigation associated with a conservatorship when the client is no longer able to make financial and medical decisions for him/herself.

Will preparation
Living wills (physician's directives)
Powers of attorney
Probate and estate administration
Probate litigation

Call now: (865) 453-2866

Tennessee has very specific requirements regarding drafting a valid will and appropriate powers of attorney. Failing to follow these procedures is the same as not having a will at all. Our attorneys guide you through the process of filing a legal will. Talk to our lawyers for assistance with these estate planning needs. We represent clients throughout Tennessee, including Sevierville, Dandridge, Gatlinburg, Greeneville, Jefferson City, Knoxville, Kodak, Morristown, Newport, Pigeon Forge, Rogersville, Rutledge, Seymour, and White Pine.

Will preparation

Through proper will preparation, you decide what will happen to your minor children and who will inherit your assets when you die. Although writing your last will and testament is not a favorite topic of conversation, a will gives you the peace of mind of knowing that your family will be taken care of when you are gone. While there are many do-it-yourself resources available to you, the advice of an attorney is beneficial in the long run. Many wills have been overturned due to minor technicalities. Our attorneys have the experience and training to make sure that your will stands the test of potential litigation. We believe that when you compare the cost of preparation of your will by an attorney versus using a kit, you will find the difference to be surprisingly modest. Our attorneys also provide more than the preparation of your will, they also provide valuable advice regarding how to make sure that the assets that you have go to the person that you intend to receive them. Not every asset passes through your estate. Our attorneys guide you through the legal process of documenting the decisions. We thoroughly go over every detail of your will to make sure that your family is covered and the intent of your will is clearly spelled out. We assist clients with obtaining, completing, and filing the following legal documents:

Living wills (physician's directives)

No one expects to experience an illness or injury which results in a coma, but when it happens, it is already too late to make life-altering decisions about medical treatment. A living will is a legal document that details the types of medical treatment you will allow doctors to use. If you object to the use of mechanical breathing, tube feeding, or resuscitation, this document will allow you to make your wishes known.

Powers of attorney

Through a power of attorney, you can authorize someone you trust to act on your behalf when you are unable to do so yourself – for example, while you are traveling or if ever you become disabled or incapacitated. There are many types of powers of attorney, including:

Durable power of attorney is commonly used to allow another person to handle all of your financial matters for you, including the following types of transactions:
- Banking transactions
- Entering safety deposit boxes
- Buying and selling property
- Purchasing life insurance
- Settling claims
- Entering into contracts
- Exercising stock rights
- Buying, managing or selling real estate
- Filing tax returns
- Handling matters related to government benefits
Limited power of attorney gives another person the authority to act on your behalf in a specific transaction. As examples, you could authorize someone to sell a specific item for you, such as a house, or grant someone caring for your children permission to seek medical treatment on their behalf.
A healthcare power of attorney becomes effective only when you do not have the capacity to give, withdraw, or withhold informed consent regarding your medical care. Having a healthcare power of attorney does not eliminate your right to give medical direction to physicians and other healthcare providers when you are able to do so.

Probate and estate administration

After someone has died, the process of probating an estate can be stressful, difficult, and time consuming. If you have been named personal representative, you are responsible for overseeing the payment of all of the debts of the estate and for the preparation and filing of an estate tax return. You are also responsible for properly distributing the remainder of the estate to the heirs. You may also be required to prepare an inventory and accounting, and to post a bond. If mistakes are made in the administration of the estate, the personal representative is generally held accountable for those mistakes.

Our attorneys are familiar with every stage of probate and estate administration. Over the years, we have developed the skills and key contacts necessary to help you with any necessary accounting, appraisal, or valuation of assets. We can guide you through the process of obtaining and completing the necessary legal forms.

Probate litigation

Any person who has legal standing can contest (challenge the validity of) a will. Generally, legal standing is limited to a child, a spouse, a parent, a sibling, or a grandparent, but under limited circumstances others may also have standing. If you have a question about the validity of a will, you should investigate your options promptly.

Our attorneys investigate the circumstances surrounding how and when the will was drafted and any subsequent changes to the will. Where appropriate, we interview the witnesses to the will and explore the relationship between the testator and the designated beneficiaries. Our findings can help you prove your case, based on proof of any of the following scenarios:

The designated beneficiaries had undue influence on the testator - for example, used threat of physical harm to force changes to the will
The will is fraudulent - someone other than the testator signed and notarized the will
A will signed and dated for a later date is found and entered into evidence
The original will was maliciously destroyed
A handwritten will is found
A will that is not dated or signed is found
Circumstances related to age or disability make you suspect the validity of the will

When legal challenges to the validity of the will arise, our attorneys are fully prepared to protect our client’s interest in the estate, ensuring that the decedent’s wishes are fully carried out. We are attorneys who stay by your side and guide you through this complex legal process.