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.