Frequently Asked Questions

If you die without a will (called dying “intestate”), Tennessee's intestate succession statute decides who inherits your property. Your spouse and children generally split your estate, and if you have no immediate family, the estate flows to parents, siblings, or more distant relatives. The court also chooses who administers the estate and who cares for any minor children, and those choices may not match what you would have wanted.

If you have assets, minor children, or anyone who depends on you, the answer is yes. Without a plan, the state decides how your property is distributed, who raises your children, and who makes decisions if you're incapacitated. A basic plan is straightforward to put in place. Waiting until later is where problems start.

Probate is the court-supervised process of validating a will, paying the deceased's debts, and distributing what's left to heirs. In Tennessee, uncontested probate typically takes six to twelve months and becomes part of the public record. A properly funded revocable living trust allows most or all of your estate to pass outside probate, saving time, cost, and privacy.

A will is a good start, but on its own it usually isn't enough. Wills still go through probate. They don't cover what happens if you become incapacitated during your lifetime. And they don't govern assets that pass by beneficiary designation or joint title, which is often most of what people actually own. We review existing plans regularly and update or restructure them so they accomplish what you thought they did.

Yes, when the plan is designed and funded correctly. A revocable living trust keeps your affairs private and out of probate court. It lets you control not just who inherits but how and when. And it protects your family from having to make hard decisions during the worst moments of their lives without direction from you.

The right time is now if you haven't started, and every three to five years if you have. Common triggers for revisiting a plan include marriage, divorce, having children, buying a home, starting or selling a business, receiving an inheritance, or a change in health. Most clients wish they had started sooner.

A will takes effect at your death, goes through probate, and becomes public record. A trust takes effect the moment you sign it, works during your lifetime and after your death, avoids probate, stays private, and can control how and when assets are distributed. Most of our clients end up with both: a revocable living trust as the centerpiece, and a pour-over will as a backstop for anything not moved into the trust during their lifetime.

Not while you or your spouse are living in it. The primary home is generally an exempt asset for TennCare eligibility purposes, up to certain equity limits. What families do have to plan for is estate recovery: after the Medicaid recipient’s death, the state may seek reimbursement from the estate, which can include the home. There are structural planning strategies (like MAPTs and lady bird deeds) that address this.

TennCare reviews all asset transfers made within the 60 months before your Medicaid application. Gifts and transfers for less than fair market value during that window can trigger a penalty period of ineligibility. This is why Medicaid planning done well in advance of need is so much more powerful than crisis planning.

A MAPT is an irrevocable trust designed to hold assets so they don’t count for Medicaid eligibility while still providing you with income and some benefits. Because of the five-year lookback, MAPTs work best when funded well in advance of when long-term care is needed. Once the five years pass, the trust assets are generally protected from TennCare’s asset calculation.

Nursing home care in Tennessee typically runs over $100,000 per year, and can be significantly higher in the Nashville and Franklin markets. Assisted living and home care are less expensive but still meaningful. This is why long-term care planning is one of the most important financial decisions most families will make.

Medicare is federal health insurance for people 65 and older, paid for through payroll taxes. It covers hospitals, doctors, and short-term rehabilitation, but does not cover long-term custodial care. Medicaid (TennCare in Tennessee) is a needs-based program that does cover long-term care, but only for people who meet strict income and asset limits.

Ideally in your 60s, well before care is needed. The five-year lookback makes proactive planning far more effective than crisis planning. But even if long-term care is imminent, there are still strategies that can protect meaningful portions of the estate. The right answer is: start now, whatever “now” is.

A special needs trust is a legal structure that holds assets for the benefit of a person with disabilities without disqualifying them from needs-based government benefits like SSI and Medicaid. The trustee uses the assets to pay for supplemental needs that improve the beneficiary’s quality of life beyond what government programs cover.

A first-party (or self-settled) special needs trust is funded with the beneficiary’s own assets, usually from a settlement or direct inheritance. It requires Medicaid payback at the beneficiary’s death. A third-party special needs trust is funded with someone else’s assets (parents, grandparents, or others) and does not require Medicaid payback. Third-party trusts are the preferred structure whenever possible.

Yes, if the inheritance is given outright. Even a modest inheritance can disqualify a person with disabilities from SSI and Medicaid, requiring them to spend it down before benefits resume. This is why parents planning for a child with disabilities should never leave assets outright to that child. Assets should pass through a properly drafted third-party special needs trust.

An ABLE account is a federally authorized, state-administered savings account for individuals whose disability began before age 26. Assets in an ABLE account (up to certain limits) don’t count against SSI and Medicaid eligibility, and the funds can be used for a broad range of qualified disability expenses. ABLE accounts are often used alongside special needs trusts.

The trustee needs to understand both the legal requirements of the trust and the practical needs of the beneficiary. Options include a family member, a professional fiduciary, a corporate trustee, or a combination through co-trustees or trust advisors. The right answer depends on the size of the trust, the family’s dynamics, and the complexity of the beneficiary’s needs.

A special needs trust can pay for things that supplement (rather than replace) government benefits: education, therapy, recreation, travel, transportation, adaptive equipment, personal care, and quality-of-life expenses. Direct payments for food and shelter can reduce SSI benefits, so those are handled carefully. A well-drafted trust with an experienced trustee navigates this daily.