Estate Planning FAQs

What happens if I die without a will in Tennessee?

In the eyes of the law, if you pass away without executing a will, you are said to die “intestate.” In a nutshell, this means that the state of Tennessee will decide how and to whom your property is distributed based on the laws governing intestate. Creating a basic will can ensure that you decide who gets your property after you pass away.

I am not wealthy. Do I really need a will?

Yes. If you own personal property or real estate, have minor children, or desire to make handling your final affairs as simple as possible for loved ones, a will and other planning documents are vital to ensuring your estate is conveyed according to your desires and in a timely and cost-effective manner. A will is one document that aids in this process. However, to be valid, there are certain requirements that must be met. A will also allows you to name guardians for your minor or dependent children, specifies the person to oversee your affairs, and states to whom certain property should be conveyed upon your death.

What is a will versus a living will?

A will is a document that outlines your wishes regarding yourself, your children and your property after you pass away. A living will is a document – often referred to as a health care directive – that outlines your specific wishes for your care while you are alive but, due to incapacitation, cannot make such decisions yourself. A directive stating you do not want to be kept alive through a feeding tube or via life support are two common examples many people include in living wills.

Do I need an attorney to draft my will?

Generally, no. However, in order to make sure your will is valid and carries out your wishes for those you leave behind, it is risky to use a do it yourself kit or online form. A local estate planning attorney can give you peace of mind that your documents and other planning tools are effective to handle your final affairs. n