Tag: tennessee estate planning

• The Role of Life Insurance in Estate Planning

  

  Life insurance plays a key role in estate planning. It primarily provides liquidity to a deceased person’s estate/trust, or directly to beneficiaries. This assures that the loss will not cause financial burden on those left behind. But this important piece of the equation often gets overlooked. Let’s walk through some of the important aspects of life…

  

  Life insurance plays a key role in estate planning. It primarily provides liquidity to a deceased person’s estate/trust, or directly to beneficiaries. This assures that the loss will not cause financial burden on those left behind. But this important piece of the equation often gets overlooked.

  Let’s walk through some of the important aspects of life insurance generally and how it fits into an estate plan. We will primarily address the concerns that younger families may have on the topic.

  A Brief Overview of Life Insurance Policies

  A life insurance policy is a contract between the policy owner and the insurance carrier. Based on the carrier’s risk assessment of the insured person, he or she pays a specified premium for the policy.

  The insurance company takes a risk that the person may die during the policy term. The insured person takes a risk that he or she may not die during the policy term, and not have the death benefit pay out.

  If the insured person dies during the policy term, the insurance company pays the designated beneficiaries the death benefit specified in the policy.

  There are, broadly speaking, two types of life insurance. Term life insurance is for a set number of years. Once that period is up, the policy lapses and the person does not have a death benefit anymore.

  Permanent life insurance stays in place until the insured person dies. This includes policies such as whole life and universal life. While the advantage is lifetime coverage, these policies are substantially more expensive than term life insurance.

  Providing Fast Liquidity

  

  Life insurance provides liquidity—cash. When someone passes away, his or her estate may include assets like real estate, investments, or business interests. But these assets are usually illiquid. Accessing cash from them can be difficult.

  Life insurance can provide immediate funds to cover funeral expenses, pay off debts, and handle ordinary household bills that a surviving spouse needs to pay. The policy can usually pay out without just a few weeks after the beneficiary files a claim with the carrier, which will include providing a copy of the death certificate. 

  Liquidity is especially important if the estate includes illiquid assets that could take time to sell. In such cases, life insurance prevents the need for a “fire sale,” where assets have to be sold quickly. These sales often result in a much lower sale price than the assets’ true value.

  Life Insurance Protects Surviving Spouses

  For younger couples, especially those with minor children, life insurance plays an especially important part of their plan. Couples in their 20s to 40s usually have not yet accumulated sufficient assets to be “self-insured” if one spouse unexpectedly passes away.

  If one parent dies, the surviving spouse may face significant financial challenges. This is especially true if the deceased parent was the primary or sole breadwinner.

  Life insurance provides a quick safety net, ensuring that the surviving spouse has the financial resources needed to maintain the family’s standard of living.

  Even in households where one parent does not work outside the home, life insurance is vital. The non-working parent often contributes significantly through childcare and managing the household. Such a loss would require additional funds to cover these needs while the surviving parent continues to work.

  Provide for Minor Children with Life Insurance in Your Estate Plan

  

  In the unfortunate event that both parents pass away, life insurance provides for minor children as well. Having a trust in place for their benefit avoids the need for a guardianship estate with the courts. Such an arrangement involves court fees and is unlikely to be invested well.

  There are two primary ways to create a trust for the benefit of minor children.

  Revocable Living Trust: A Living Trust comes into effect while both parents are alive. During life, there are no tax consequences for them. For a joint living trust, the trust becomes irrevocable upon both of their deaths.

  The life insurance proceeds can be paid into this trust upon their deaths. The Trust’s terms direct the Trustee on how to manage the funds. It is highly important to designate the trust as the beneficiary for this to work properly.

  Contingent Testamentary Trust: Alternatively, a contingent testamentary trust can be a part of the parents’ Wills. This trust only comes into effect upon the death of both parents. The insurance carrier would pay the death benefit to this trust, ensuring the funds are used according to the parents’ wishes.

  Contrary to the living trust arrangement, the testamentary trust will generally be the contingent beneficiary. The surviving spouse is generally the primary beneficiary so that he or she receives this money directly and quickly.

  A Tool for Tax Planning

  It’s also worth mentioning that life insurance can also play a role in estate tax planning. Depending on the size of the estate and the applicable tax laws, life insurance can also play a role in handling estate tax liability.

  With life insurance proceeds, if there is any tax due, the Executor or Trustee can cover the liability without having to sell assets.

  Few estates are subject to estate tax in the United States. The exemption level is historically high right now at $13.61 million in 2024. The IRS indexes this exemption level for inflation each year. But in 2026, this exemption level may drop by about half if the Tax Cuts and Jobs Act of 2017 expires.

  Final Thoughts on Life Insurance in Estate Planning

  Life insurance is a cornerstone of a comprehensive estate plan. It provides essential cash to meet immediate financial obligations and safeguards young families’ futures.

  Whether you’re just starting your family or are well along on your legacy-building journey, get the right life insurance in place so that your legacy plan is properly funded.

  If you’ve not yet set up your estate plan, or are unsure whether your current plan is adequate, now is the time to act. Reach out to Connell Law, PLLC today to request your free consultation.

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• The Biggest Mistake Made with Revocable Living Trusts

  

  Revocable living trusts are a highly versatile estate planning instrument. Unlike a will, the trust can assist with managing assets both during life and after death. But the trust is only as useful as the Settlor (trust creator) makes it. Sometimes trust Settlors make a huge mistake that causes the trust to lose many of…

  

  Revocable living trusts are a highly versatile estate planning instrument. Unlike a will, the trust can assist with managing assets both during life and after death. But the trust is only as useful as the Settlor (trust creator) makes it. Sometimes trust Settlors make a huge mistake that causes the trust to lose many of its benefits.

  What’s this biggest mistake that a Settlor tends to make? Failing to fund the trust.

  Let’s discuss this topic and how to make a revocable living trust work for you and your family.

  What Does it Mean to “Fund” a Trust?

  Funding a revocable living trust simply means placing assets into it. There are several ways to do this, depending on the asset type.

  For tangible personal property, there is normally a property schedule in the trust instrument. This schedule identifies certain types of items. This will generally be categories, such as:

  • Household goods
  • Furniture
  • Books
  • Clothing
  • Hobby and sports equipment
  • Jewelry
  • Decorations
  • Electronic devices

  Property listed in a schedule generally does not have any sort of registration or certificate of ownership. Listing out such assets is sufficient to make them trust assets.

  But certain assets need additional steps taken in order for the revocable living trust to hold them. Merely listing them out in a property schedule is not sufficient to place certain types of assets into a trust. This includes:

  • Real estate
  • Securities
  • Business interests
  • Bank accounts
  • Investment accounts
  • Vehicles

  These types of assets need an express update to the form of ownership.

  For real estate, this means executing and recording a deed from the owner to the trust. For bank accounts and investment accounts, they must be converted from individual ownership to trust (if the particular financial institution allows this, as not all do). Alternatively, the Settlor may need to name the trust as the beneficiary of such accounts.

  Business interests need an update to either the operating agreement, articles of organization, or corporate records to reflect trust ownership.

  The bottom line is that the signing ceremony is not the end of the journey. There is additional work needed in order to make the trust work properly.

  Why Do People Fail to Fund Their Trusts?

  

  Properly funding a trust takes a significant amount of work. After working with an estate planning attorney to draft and execute documents, it can be quite daunting to do even more work on the plan independently.

  It is a common practice for an attorney to draft and record the deed to a client’s primary residence that places the house into the trust. The attorney may also provide certain documentation to transfer ownership of business interests into the trust.

  But certain types of asset retitling require work by the client. Attorneys generally don’t update our clients’ bank accounts, investment accounts, etc. Nor do we update beneficiaries on life insurance, retirement accounts, and other transfer-on-death assets.

  This is part of the trade-off that comes with creating a revocable living trust. The default for many assets is that they will have to go through the probate process after the owner passes away. This means the time, hassle, and expense of the court system.

  The trust avoids that. But it takes work upfront to actually accomplish the goal of making the trust function properly.

  Consequences of Failing to Properly Fund Revocable Living Trusts

  The purpose of the trust, for many people, is to bypass probate. The successor trustee will privately administer the trust according to its terms after the Settlor passes away. This makes for a quite efficient transfer and management process.

  But if the Settlor does not fund the revocable living trust, then many assets will likely end up subject to probate. This defeats the entire purpose of the trust and incurs costs that could have been avoided.

  A trust-based estate plan usually includes a pour-over will to catch assets that are not in the trust. At least with the pour-over will, the final destination ends up being the trust. The trustee then manages the assets according to the trust’s terms.

  But the pour-over will is supposed to be a backup, not the main transfer mechanism. The effect of failing to fund the trust is that the total cost of the estate plan—upfront and on the backend—may be more than doubled by also incurring greater probate expenses.

  Plus, if there are concerns about third-parties coming in and throwing a grenade into the process, this will be much more likely because of the public nature of probate.

  Final Thoughts on Funding Living Trusts

  

  While revocable living trusts are excellent estate planning tools, they’re not foolproof. Whoever creates a trust needs to understand what his or her next steps are after executing the trust instrument. This, along with whatever other documents the attorney drafted.

  Connell Law, PLLC understands that the additional work needed to fund revocable living trusts can be challenging. We provide our clients with post-execution checklists to help guide them on the exact steps needs to make their plan work.

  With this in mind, remember that having a professional guide you in creating and carrying out a plan helps things go much more smoothly than going at it alone. For assistance with your estate plan, or in carrying out a deceased loved one’s plan, contact us for a free consultation.

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• What is a Will Contest and How Can It Be Avoided?

  

  In the intricate world of estate planning, ensuring the smooth realization of a person’s final wishes is paramount. But even the most carefully-drafted wills may face legal challenges. A Will contest is a formal challenge to a Will. It’s a messy, ugly process that can drain an estate (and the Beneficiaries) of the legacy. Let’s…

  

  In the intricate world of estate planning, ensuring the smooth realization of a person’s final wishes is paramount. But even the most carefully-drafted wills may face legal challenges. A Will contest is a formal challenge to a Will. It’s a messy, ugly process that can drain an estate (and the Beneficiaries) of the legacy.

  Let’s discuss the setting where Will contests take place, reasons behind them, and some of the proactive measures to safeguard a legacy.

  Probate Generally

  Before exploring what a Will contest entails, a basic understanding of probate is necessary.

  Probate is the legal validation of a Testator’s (deceased individual’s) Will and transfer of his or her property to the Beneficiaries. During this process, the probate court examines the authenticity of the Will and ensures compliance with the state’s testamentary formalities. This includes the Testator’s signature, witness attestation and signatures, and an affidavit of witnesses to prove the Will.

  After the court admits the Will to probate, the Executor then carries out the process of dealing with debts and distributing assets. There are administrative components to this, like publishing notice to creditors and handling creditors claims. The Executor may also need to handle a claim from TennCare for reimbursement if the Decedent was receiving long-term care benefits from the state.

  Once the Executor handles all claims against the Estate and other outstanding administrative matters, he or she then distributes assets to the Beneficiaries as the Will directs. Upon distributing all assets, the Executor petitions the court to close the Estate. Once the court enters an order for such, the matter is complete.

  Will Contests in Probate

  

  Most of the time, Executors handle their duties properly. But sometimes there is cause to believe the Will is invalid. Or there is a disgruntled party who simply doesn’t like what’s in the Will.

  Will contests can have a basis in a variety of claims. Or they can be a frivolous challenge to what the Testator’s wishes were.

  A Will contest is a lawsuit that takes place during probate. The court pauses distribution of assets until it resolves the matter. Because of the complexity of a Will contest, this can often cause a probate to take years.

  Some common reasons for Will contests include:

  • Fraud. There are generally two types of fraud for purposes of a Will contest: fraud in the inducement, and fraud in the execution. Fraud in the inducement is where someone misrepresents facts to the Testator, and the misrepresentation affects the Will’s disposition. Fraud in the execution is when someone tricks the Testator into signing the Will without truly understanding what the document says. He or she may not even know that the document is a Will.

  • Duress: There may be a Will contest if it’s believed the Testator signed the will under compulsion. This could involve threats, manipulation, or pressure from others (i.e., an offer one can’t refuse).

  • Undue Influence: Related to duress, undue influence occurs when an individual has a confidential relationship with the Testator and uses that relationship to have the testator change his or her Will. The changes generally do not reflect his or her true wishes. This can result in an unusual disposition of assets in favor of the person who had the confidential relationship. Such a situation often involves caregivers who are unrelated to the family.

  • Lack of Testamentary Capacity: For a Will to be valid, the Testator must have legal capacity to make the Will. The Testator must understand the nature of their assets, who their b=Beneficiaries are, how the Will distributes their assets, and the consequences of such decisions. If there is reason to believe the Testator was not of sound mind, this could lead to a Will contest.

  Who Can Contest a Will?

  A fundamental component of legal proceedings in the United States is the doctrine of standing. A party bringing a lawsuit must have some stake in the outcome. A random person off the street cannot contest someone else’s Will.  

  Tennessee law recognizes the right of certain parties to bring a Will contest. The Beneficiaries named in a will can contest it. They have legal standing specifically because the Will names them as Beneficiaries.

  On the other hand, those who are the heirs-at-law (Beneficiaries when someone dies without a Will) may also contest a Will. They may do so because, if they prevail, they receive assets by the laws of intestate succession.

  Some third parties, such as the State of Tennessee, may also have standing for a Will contest. There must be a possibility that some interest in the decedent’s Estate may pass to the state.

  How to Prevent a Will Contest

  

  Professional Guidance and Drafting

  Working with an attorney on a Will is one way to reduce the risk of a Will contest. If there is any sort of fraud, undue influence, duress, or lack of capacity, the attorney will likely be able to see what’s going on. He or she can then stop the process before the documents have signatures.

  Professional drafting provides some assurance that there were no red flags noticed before signing the documents.

  No-Contest Clause

  Also known as an in terrorem clause, a no-contest clause deters frivolous lawsuits. This clause directs that if someone brings a Will contest without probable cause, the Will disinherits that person.

  Someone may contest the Will based on reasonable grounds that there was fraud, duress, undue influence, or a lack of capacity. In such a case, the courts generally would not enforce a no-contest provision because he challenge was in good faith and not for frivolous purposes. The point of a no-contest clause is to prevent bad-faith challenges, not legitimate ones.

  Revocable Trust

  A Trust provides a great deal of privacy and efficiency. Generally, only named Beneficiaries will know of the Trust’s disposition. Other people who otherwise do not receive anything from the Trust will have a hard time contesting its provisions since there is no public process to access the instrument.

  A Trust can have its own no-contest clause for Beneficiaries who may challenge it. The wording in a Will or in a Trust may even be identical. The courts will enforce the provision against frivolous claimants, which usually leads to that person forfeiting all inheritance rights the instrument may have given.

  Final Thoughts on Will Contests

  Ultimately, nothing can 100% protect against a Will contest. There still may be someone who decides to bring a frivolous lawsuit in spite of all the preparation. But by preparing for such a possibility, there is a much higher probability that the Will contest is not going to succeed.

  Will contest are rare. And it’s even rarer that they are successful. But they sometimes happen, so it’s important to handle this subject carefully.

  Reach out to Connell Law, PLLC today to request a consultation if you believe a Will contest is likely for a recently deceased family member’s Will.

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• Executor vs Trustee: What’s the Difference?

  

  When it comes to estate planning, two crucial roles often come into play: executor and trustee. Both positions involve the administration and management of a person’s assets. But they differ in their functions, responsibilities, and the contexts in which they operate. While there is some overlap, the roles of executor vs trustee are distinct. Let’s…

  

  When it comes to estate planning, two crucial roles often come into play: executor and trustee. Both positions involve the administration and management of a person’s assets. But they differ in their functions, responsibilities, and the contexts in which they operate. While there is some overlap, the roles of executor vs trustee are distinct.

  Let’s explore some of the similarities and differences between these two positions and how they play into a person’s estate plan. We’ll discuss the fiduciary nature of these positions and the weight of holding these titles and their respective responsibilities.

  Executors: Managing Probate

  An executor—not to be confused with an executioner—is an individual appointed in a Will to carry out the deceased person’s wishes regarding their property. The executor’s primary responsibility is to manage the probate process. This ensures that the decedent’s debts are settled and the remaining assets are distributed to the Will’s named beneficiaries.

  The executor will need to several things during the probate process. This includes:

  • Filing a petition to probate the Will,
  • Filing an inventory of assets held by the decedent,
  • Notifying creditors of the decedent’s death,
  • Paying debts that creditors file claims for,
  • Conducting an accounting,
  • Distributing funds and property to the beneficiaries, and
  • Closing out the estate.

  In Tennessee, the executor is an office held solely for the management of the probate process. It is a limited position that is only supposed to last as long as needed to administer and close out the estate. Tennessee law states that probate should generally not take more than 15 months.

  Once the beneficiaries receive their legacies and the probate court orders the estate closed, the executor does not have any further role to play.

  Trustees: Administration of a Trust

  

  A trust instrument generally creates the office of trustee. This can be created during one’s lifetime (living trust), or by a Will at death (testamentary trust). The trustee will often have certain responsibilities that generally go beyond merely distributing property to beneficiaries upon a person’s death.

  Trusts, especially revocable living trusts, have broad grants of power to allow the trustee to manage assets the trust holds. For our purposes, let’s consider a revocable living trust with one Settlor (creator).

  The Settlor usually occupies three roles while living: Settlor, Trustee, and Beneficiary. The Settlor will manage the trust’s property for him or herself during life. The trust instrument will name specific beneficiaries to whom trust property will go after the Settlor passes away.

  The trustee will generally have powers to manage trust property during incapacity. Well-drafted trust instrument name Successor Trustees, as well. So, if our Settlor is in a coma after a major car crash, the Successor Trustee will manage trust assets on his or her behalf until the Settlor has recovered. This is similar to how a durable power of attorney for property functions.

  The trustee must adhere to the trust instrument’s instructions. This may include investment of funds on the beneficiary’s behalf, paying for higher education, assisting with major life expenses, and/or distributing at a certain age or life milestone.

  The main point is that the trust instrument will state its purpose, and the trustee must carry out that purpose as a fiduciary. He or she must follow those instructions closely and use good judgment in making decisions regarding management of funds. Decisions must be for the benefit of the beneficiary only and not for the trustee’s benefit.

  Similarities Between Executors and Trustees

  Whether executor or trustee, both roles are fiduciary positions. This means the one holding the office has a legal duty to certain people to act in their best interests. Executors and trustees must act with loyalty, competence, impartiality, and prudence in carrying out their duties.

  Both roles require the office-holder to follow another person’s instructions. Those instructions are typically in a document. If the executor or trustee fails to follow those instructions, the beneficiaries of the estate or trust could sue for breach of fiduciary duty.

  Additionally, the one naming who will occupy these positions generally does so in a written document. The Will names the executor, and the trust instrument names the trustee. For those who pass away without a Will, the one who handles the estate is an administrator (a subject for another article).

  Differences Between Each Role

  

  The differences between an executor vs a trustee are more numerous than the similarities. As noted above, the position of executor is supposed to be a short-term office. The primary goal is to oversee the transfer of assets to other people and to do so in an expeditious manner.

  On the other hand, a trustee may occupy the office indefinitely. It will depend on the purposes of the trust. One trust may direct the trustee to immediately transfer trust assets to the beneficiaries. Another trust may direct the trustee to make support payments to beneficiaries over a lifetime.

  Executors have some leeway on how they administer the decedent’s estate, but not much. Once the person dies, the Will comes into effect and the executor must generally follow the terms as written.

  But a trustee may have significant discretion in carrying out the trust’s objectives. This can include choice of investments, whether to make distributions, or even to create a new trust instrument and “decant” the trust’s assets into a new trust.

  What it boils down to is that executors have a smaller amount of discretion with their decision-making. Trustees will usually have wide discretion in carrying out their duties as trustee.

  Final Comments on Executors vs Trustees

  In an estate plan, it’s important to know how executors vs trustees fit into things. Some estate plans may just involve an executor. Others may have both executor and trustee. In many plans, the same person may occupy both roles.

  But for those involved, including the creator of the plan and the ones named as the officer-holders, they all need to know their place in things. They need to know what their duties are and who to contact for assistance in carrying out the plan.

  Connell Law, PLLC helps residents of Rutherford County and throughout Middle Tennessee with their estate planning needs. We take an educational approach to our practice, helping our clients understand the ins and outs of how their plans will work.

  Reach out to us today to discuss executors and trustees further, along with your other estate planning needs. We’re here to help you plan today for a more peaceful tomorrow.

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• Estate Planning is Not Just for the Affluent; Here Are 5 Reasons Why

  

  Estate planning is often associated with individuals who possess vast wealth or who are near end of life. But the truth is that estate planning is not just for the affluent, nor is it an end-of-life matter. Regardless of your current wealth level, engaging in proper estate planning is essential for everyone in Tennessee. Let’s…

  

  Estate planning is often associated with individuals who possess vast wealth or who are near end of life. But the truth is that estate planning is not just for the affluent, nor is it an end-of-life matter. Regardless of your current wealth level, engaging in proper estate planning is essential for everyone in Tennessee.

  Let’s go through five compelling reasons why estate planning is crucial for everyday people in a variety of situations. Having proper legal documents in place now will help carry out your wishes and minimize the risk of conflict and uncertainty in difficult situations.

  Estate Planning Helps Prepare for Incapacity

  Two fairly simple, but important types of documents are powers of attorney and a living will. Powers of attorney grant certain individuals the authority to make healthcare and/or financial decisions on your behalf. A living will provides end-of-life care instructions so your loved ones don’t have to guess what your wishes are.

  A power of attorney for property allows your agent to manage your financial affairs. This is especially important to have if you hold digital assets like cryptocurrency. Powers of attorney for property ought to expressly grant authority over cryptoassets.

  A power of attorney for healthcare allows your agent to authorize medical care if you are unable to speak on your own behalf. For example, after a major car wreck, an important surgery may be advisable to tend to injuries. The healthcare power of attorney authorizes your agent to communicate with healthcare providers about whether to proceed with the operation if you cannot do so.

  These powers of attorney are generally “durable.” This means the powers survive legal incapacitation so that your agent can actually make the decisions you want him or her to make for you.

  Additionally, a living will deals with end-of-life situations. If there is no hope for medical recovery, you may have particular desires about life support and administration of medications. The living will puts your desires in writing ahead of time and informs family members and healthcare providers what to do.

  Avoiding Family Disputes and Legal Battles

  

  Estate planning plays a pivotal role in avoiding family conflicts and legal battles that can arise after your passing. Clear instructions provided in a well-drafted will and/or trust can help prevent disagreements among family members regarding the distribution of your assets.

  If family members are upset about your estate plan, sometimes they may try to contest your will and/or trust. Estate and trust litigation can be very expensive and emotionally draining. And the expenses in defending against a claim may significantly reduce what your beneficiaries receive.

  One way to avoid this is through the drafting of an in terrorem (no contest) clause in your will or trust. This clause effectively disinherits anyone who brings a will contest without proper cause. This acts as a disincentive to engage in frivolous litigation.

  Another way to reduce the risk of a dispute is to have a revocable living trust that distributes your assets privately. While wills are public record, trusts are private instruments that pass property without court supervision. It is much harder to contest a trust than a will.

  Regardless of the size of your estate, disputes can arise, and emotions can run high. But having a comprehensive estate plan in place minimizes the risk of such conflicts. By clearly expressing your wishes and intentions, and planning for potential disputes, you can help maintain family harmony and protect your loved ones from unnecessary strain.

  Estate Planning Helps with Managing Small Businesses

  If you own a small business, estate planning becomes even more critical because others may rely on you for their paycheck. Without proper planning, your business may face uncertainties and disruptions in the event of incapacity or death.

  Estate planning documents—specifically a trust—allow you to designate a successor who will continue running the business. In order to ensure the security and continuing stability of your enterprise, a trust instrument should have an express clause granting authority to carry on business operations.

  Otherwise, your business has to go through probate, and a court-appointed receiver may have to oversee operations. This can be a major hindrance and cause stress and uncertainty for your workforce.

  Furthermore, proper estate planning can facilitate buy-sell agreements among business partners, protecting everyone’s interests and minimizing potential conflicts. It is important to consult with business partners and review any operating agreements when drafting your documents to ensure there is minimal risk of disputes or inconsistency.

  Taking Care of Special Needs Family Members

  

  If you have a loved with a significant disability, estate planning is also especially crucial. Creating a special needs trust allows you to provide for their financial well-being without jeopardizing eligibility for government assistance programs, such as TennCare and Supplemental Security Income (SSI).

  Through proper planning, you can rest knowing that their care, medical needs, and quality of life are protected, even when you’re no longer there to provide that support yourself.

  There are very specific limits on what assets an SSI recipient can hold. But with a special needs trust, you still can provide for these loved ones with special needs. The key aspect of these trusts is that they provide supplemental support. But these trusts prohibit the use of funds that would disqualify the beneficiary from government assistance.

  Appointing Guardians for Minor Children

  In your Last Will & Testament, you can (and should) name a guardian for your minor children. This applies whether you have a one- or two-parent home.

  For two parent homes, both spouses should name a primary and alternate guardian if both parents die simultaneously or one spouse predeceases the other. If you do not name this person yourself, the probate court will decide who your minor children’s guardian will be.

  Especially if you want your children raised with certain values, naming a guardian who will honor those desires is critical. Otherwise, the court may place your minor children into a home with values different than yours.

  The nominated guardian is often, but does not have to be, a family member. You may wish the guardian to be a family friend, instead. The important thing is that this person is responsible and will properly care for your children until adulthood.

  Final Thoughts on Estate Planning for Everyday People

  Estate planning is a vital process for everyone, not just the affluent. There are a variety of difficult situations that can happen to us in this life. But making your wishes made known through properly drafted and executed legal documents will minimize hardship on your family.

  Regardless of the size of your estate, making your estate plan maximizes the likelihood that your wishes will be honored, your loved ones will be provided for, and potential conflicts are avoided. Making these plans us an investment. But it does not have to be an exorbitant expense to get basic documents drafted and executed.

  Connell Law, PLLC is here to provide residents of Middle Tennessee with estate planning and small business legal services. Reach out today for your free consultation. Plan today for a more peaceful tomorrow.

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• How to Revoke a Will in Tennessee

  

  Estate planning is a crucial aspect of securing your legacy. But sometimes circumstances arise that require you to change or even revoke your will. In Tennessee, the law outlines various methods to revoke a will. If you wish to revoke your will as part of updating your estate plan, it’s important to know what your…

  

  Estate planning is a crucial aspect of securing your legacy. But sometimes circumstances arise that require you to change or even revoke your will. In Tennessee, the law outlines various methods to revoke a will. If you wish to revoke your will as part of updating your estate plan, it’s important to know what your options are and do so correctly.

  There are four specific ways to revoke a will that we will discuss. We will also address what happens with marriages and divorces, and how that can impact the validity of wills made prior to the marriage or divorce.

  Four Ways to Revoke Your Will in Tennessee

  • Execute a New Will: One of the primary ways to revoke a will in Tennessee is to create a new one. The new will may revoke the prior one by inconsistency or by express revocation. Many estate planning attorneys provide an express revocation clause in the wills they draft for their clients. This prevents unnecessary confusion about what the Testator’s (creator’s) intent is.

  • Document of Revocation: Tennessee law also recognizes the validity of a separate revocation document. To be effective, this document must adhere to all testamentary formalities necessary to execute a will. This means the Testator must be of sound mind, and must sign the revocation document before two disinterested witnesses. Those witnesses must also sign in the Testator’s presence and in each other’s presence.

  • Physical Destruction: You can revoke a will by physically destroying it with the intent and purpose of nullifying its effect. Acceptable methods include burning, tearing, canceling, obliterating, or any other form of deliberate destruction. This tangible act serves as a clear expression of the Testator’s intention to revoke that will. But if there are still copies, this could be a problem if someone offers it to the court for probate.

  • Subsequent Marriage and Birth of a Child: Changes in family circumstances can automatically revoke a Tennessee will. If the Testator marries and has a child after executing a will, the will is revoked by operation of law. If you have recently gotten married or had a child, this is a proper time to review your current documents and update your wishes as needed.

  Impact of Divorce on Wills in Tennessee

  

  In Tennessee, the dissolution of a marriage through divorce or annulment automatically revokes any testamentary dispositions to the former spouse. This includes not only bequests in the will, but also nominations for executor or trustee.

  The will may direct to the contrary if you wish. Though having an ex-spouse be the executor or a successor trustee is probably not a good idea.

  Keep in mind that this does NOT affect beneficiary designations. You must update these as your life circumstances change to prevent undesired outcomes.

  Interestingly, remarriage to the former spouse can revive the will after the revocation occurred by operation of law. Of course, if one executes a new will after the divorce or annulment, this may not necessarily be the case. That could cause conflict about which will is the “real one.” This example emphasizes the need to regularly review and update your estate plan to reflect changes in your marital status.

  Final Thoughts on Revoking Wills

  Estate planning is a dynamic process that requires careful consideration and occasional adjustments. Whether prompted by life events or changing intentions, understanding the ways to revoke a will in Tennessee is important before taking any action.

  If you find yourself contemplating such changes, consult with competent legal counsel first. An estate planning professional will help ensure your plan aligns with your current wishes.

  Connell Law, PLLC stands ready to provide trusted legal counsel to residents of Middle Tennessee. We are here to guide you through the intricacies of estate planning. Our staff are able to assist with changes to wills, trusts, powers of attorney, and living wills.

  Secure your legacy with confidence by seeking professional advice from our staff. Plan today for a more peaceful tomorrow.

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• Joint Wills: What Are They and Are They a Good Idea?

  

  When it comes to estate planning for married couples, the decision regarding the type of will to create is crucial. One option that has sometimes been utilized is the joint will. A married couple executes this document together as one unit. It governs the distribution of their assets upon the death of both spouses. The…

  

  When it comes to estate planning for married couples, the decision regarding the type of will to create is crucial. One option that has sometimes been utilized is the joint will. A married couple executes this document together as one unit. It governs the distribution of their assets upon the death of both spouses.

  The idea of a joint will may sound like a nice idea for couples, especially those who have been lovingly attached for decades. But delving into the intricacies of joint wills reveals significant risks and complications. This makes them less advantageous compared to the alternative, which we will discuss later.

  How Joint Wills Operate

  Tennessee law recognizes joint wills. These are unique and rare instruments. They create a binding agreement between spouses to dispose of their property in a predetermined manner.

  A joint will has two defining characteristics: one testamentary and the other contractual. The testamentary aspect controls how assets will be distributed upon death. This is usually fairly straightforward.

  The more complex aspect is the contractual one. A will is always revocable while the Testator (creator is alive. But upon the death of one spouse in a joint will, there is still a binding agreement to not revoke or modify it. This is a contract and is generally enforceable.

  Typically, when one spouse passes away, the surviving spouse inherits the entire estate. But at that point, the contractual character of the joint will locks in the terms as written. Even if life circumstances change, the surviving spouse cannot update the joint will.

  Disadvantages of Joint Wills: A Closer Look

  

  • Lack of Flexibility: Joint wills lack the flexibility needed to adapt to changes in circumstances, such as acquiring new assets or changes in familial relationships (such as the surviving spouse remarrying).

  • Potential for Disputes: The terms of the joint will binds the surviving spouse. This limits his or her ability to make decisions based on evolving needs or familial dynamics. This can lead to disputes among involved parties.

  • No Contingency Planning: Joint wills often fail to account for unforeseen events like simultaneous deaths or significant financial changes. This leaves the estate vulnerable to excess complications.

  The Alternative: Mirror Image Wills

  In contrast to joint wills, mirror image wills offer a more flexible and adaptive approach. These individual wills “mirror” each other in terms of distribution and most provisions. But they operate independently, allowing each spouse to retain control over their respective portion of the estate.

  Specific advantages include:

  • Flexibility and Independence: Mirror image wills provide the freedom for each spouse to modify or revoke the will independently. This allows for easier accommodation of changes in assets, family structure, or personal preferences.

  • Contingency Planning: Unlike joint wills, mirror image wills can include contingency plans for simultaneous deaths or changing circumstances. This paves the way for a smoother transition.

  • Reduced Risk of Disputes: Individual wills reduce the potential for conflicts among heirs. Each spouse can adjust their will according to their own wishes and changing situations.

  Final Thoughts on Joint Wills for Couples’ Estate Planning

  

  In the realm of estate planning for married couples, the disadvantages of joint wills make them a suboptimal option. Mirror image wills provide a more adaptable, flexible, and secure alternative. This allows each spouse the autonomy to tailor their estate plans to their specific needs.

  Empower yourself with informed decisions about your estate planning. Our experienced staff can guide you through creating an estate plan that aligns with your unique circumstances and values. This includes wills, trusts, and other estate planning documents that work together in a comprehensive fashion.

  Reach out to us today to book a free consultation in order to ensure the security and continuing stability of your legacy for your loved ones. Plan today for a more peaceful tomorrow.

  Request a Consultation

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