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5 Major Things That Can Go Wrong if You Die without an Estate Plan

October 23, 2023 by admin@anioncreative.com

Death can be difficult to discuss, but planning for what happens afterward can prevent important financial and legal decisions from being left entirely to state law. An estate plan can provide instructions for how property should be distributed, identify the people who should handle certain responsibilities, and address other decisions that may affect family members after a death.

Without an estate plan, Tennessee law may determine how probate property passes, and family members may face additional legal and financial questions during the estate-administration process. In this article, we’ll look at five problems that can arise when someone dies without an estate plan and how working with a Tennessee estate planning lawyer can help you evaluate the planning options available.

1. Probate Nightmares

Legal professionals reviewing documents outside a courthouse

When a person dies, some property may need to pass through probate. Probate is the legal process used to administer an estate, address valid debts and expenses, and distribute probate property according to a valid will or, when there is no effective will, Tennessee’s intestate succession laws.

Probate can involve court filings, administration costs, creditor claims, and delays before certain assets are distributed. A will can provide instructions for distributing probate property, while other estate-planning tools may help some assets pass outside probate. For example, property that has been properly transferred to a living trust may be administered according to the terms of the trust rather than through the probate estate.

2. Unintended Beneficiary Designations

Remarriage can create additional estate-planning concerns when either spouse has children from a previous relationship. If property is left outright to a surviving spouse, that spouse generally controls what happens to the property afterward. They may spend it, give it away, or eventually leave the remaining property to their own children or other beneficiaries. As a result, children from the deceased spouse’s prior relationship may ultimately receive less than the deceased spouse intended.

A carefully structured estate plan can help address these concerns by specifying how property should pass among a surviving spouse, children, stepchildren, and other beneficiaries. Depending on the circumstances, trusts and other planning tools may also allow a surviving spouse to benefit from certain assets during their lifetime while preserving remaining property for children or other beneficiaries.

3. Financial Stress on Your Heirs

Debts and other financial obligations can reduce the amount of property ultimately available to beneficiaries. During the administration of a Tennessee estate, valid creditor claims, administration expenses, funeral expenses, and any applicable taxes may need to be paid before the remaining estate property is distributed.

A carefully structured estate plan can help address these obligations in advance and may reduce unnecessary costs or complications. Depending on the circumstances, planning for asset ownership, beneficiary designations, trusts, and available funds to cover estate expenses can help preserve more of the estate for the people you intend to benefit.

4. Guardianship and Custody Issues

If you have minor children, your estate plan can identify the person you would prefer to serve as their guardian if no parent is available to care for them. In Tennessee, a surviving parent generally has priority, but a person designated by the parents in a will or other written document receives important consideration if a guardian must be appointed.

The court ultimately determines who should serve based on the child’s best interests, so naming a guardian does not guarantee that person will be appointed. However, clearly documenting your preference can give the court valuable guidance and may reduce uncertainty or disagreements among family members about who should care for your children.

5. Healthcare Decision Confusion

An important part of estate planning is documenting your healthcare wishes in case you become unable to make or communicate medical decisions for yourself. In Tennessee, an Advance Directive for Health Care can provide treatment instructions and name a healthcare agent to make decisions on your behalf when you lack capacity.

Without clear instructions, family members may be uncertain about who should make healthcare decisions or what treatment you would have wanted. Preparing an advance directive can provide clearer guidance to your healthcare agent, family members, and medical providers if you later become incapacitated.

How Do You Know When You Have Found the Right Estate Planning Law Firm?

Choosing the right estate planning attorney can affect how clearly your goals are understood and how well your estate-planning documents address your circumstances. Here are several factors to consider when evaluating an estate planning lawyer:

Estate Planning Experience: Look for an attorney with meaningful experience handling wills, trusts, powers of attorney, beneficiary planning, and other estate-planning matters relevant to your circumstances. The attorney should also stay current on changes in Tennessee and federal law that may affect estate plans.

Clear Communication: An estate planning attorney should be able to explain legal concepts, available options, and potential consequences in language you can understand. They should also take the time to listen to your goals, family circumstances, and concerns before recommending a particular planning strategy.

Close-up of a professional signing an agreement at a desk

Accessibility: Look for an attorney who communicates clearly, responds to reasonable questions, and keeps you informed about important steps in the estate-planning process.

Customized Advice: Estate-planning recommendations should reflect your assets, family circumstances, beneficiaries, and goals rather than relying on the same approach for every client.

Reputation and Client Feedback: Publicly available reviews and other information about an attorney’s experience and reputation can help you evaluate whether the attorney may be a good fit for your needs.

Professionalism and Trust: Estate planning often involves sensitive financial and family information. Look for an attorney who communicates candidly, handles confidential information appropriately, and approaches the representation professionally.

Knowledge of Tennessee Law: Estate-planning laws vary by state. An attorney familiar with Tennessee law can help address issues involving wills, trusts, probate, beneficiary planning, guardianship, and surviving-spouse rights.

Appropriate Resources: Consider whether the attorney or firm has the staff and systems necessary to prepare documents, communicate with clients, and address related estate-planning matters when needed.

Compatibility: Estate planning may involve an ongoing professional relationship as your family, finances, and goals change. Choose an attorney you feel comfortable working with and can communicate with openly.

Let Inman, Stadler & Hill Help You Develop Your Estate Plan

Estate planning can be useful for adults at many stages of life, not only those with substantial assets. A carefully prepared plan can help document your wishes, identify the people you want to make certain decisions, and coordinate how property should pass after your death.

At Inman, Stadler & Hill, our attorneys can review your circumstances, explain estate-planning options available under Tennessee law, and prepare documents designed to reflect your goals and family situation.

Contact us anytime for a consultation. Our Tennessee estate lawyers are ready to help you plan your family’s future.

Related reading: 5 Ways an Estate Planning Lawyer is Better Than Estate Planning Software · Estate Planning for Blended Families · Answers to Frequently Asked Questions about Wills and Estates

Filed Under: Estate Planning Tagged With: estate lawyer, estate planning software, experienced estate planning lawyer, wills and estates

5 Ways an Estate Planning Lawyer is Better Than Estate Planning Software

August 16, 2023 by admin@anioncreative.com

Online forms and estate-planning software can make it easier to prepare basic documents, and they may be appropriate in some situations. However, estate planning involves more than completing a standard form. The documents must reflect your family and financial circumstances, coordinate with other assets and beneficiary designations, and satisfy Tennessee’s legal requirements.

If you’re deciding whether to use a do-it-yourself service or work with an attorney to create a will or estate plan, it is important to understand the advantages and limitations of each approach.

  1. Software programs and online apps aren’t lawyers.
Person signing important legal planning documents at a professional meeting

Estate planning can involve more than completing a standard form. Tennessee law includes specific requirements for wills and other estate-planning documents, and a plan may also need to account for trusts, beneficiary designations, powers of attorney, family circumstances, and the way particular assets are owned.

Working with an attorney who regularly handles Tennessee estate-planning matters can provide an opportunity to ask questions and address issues that standardized software may not identify. Some online services offer access to attorneys, but the level of legal review and personalized advice can vary considerably from one service to another.

  1. Software programs and online apps can’t ask the right questions.

Standardized estate-planning programs generally rely on the information and decision paths built into the service. While some tools can adjust their questions based on a user’s answers, they may not identify every legal or financial issue that is relevant to a particular family. A conversation with an attorney may also raise questions about assets, beneficiaries, property ownership, or family circumstances that the client had not initially considered.

  1. Software programs and online apps can’t give advice.

For some people, preparing basic estate-planning documents may be relatively straightforward. Others may have questions about how Tennessee law applies to their assets, family relationships, beneficiary choices, or long-term goals. Standardized software can provide forms and general information, but it does not replace individualized legal advice from an attorney who has reviewed the client’s particular circumstances.

An estate planning attorney can explain applicable Tennessee law, identify potential issues, discuss different planning options, and draw on experience handling similar estate-planning matters when recommending an approach.

  1. Software programs and online apps can cost you more money. 

Many people are attracted to estate-planning software and online services because of their relatively low upfront cost. For a straightforward situation, that may make a DIY option appealing. However, mistakes or omissions in estate-planning documents can sometimes create additional expenses later.

A document that does not comply with Tennessee law or accurately reflect the person’s intentions may need to be revised or properly re-executed. If a problem is not discovered until after the person’s death, family members may face additional probate expenses or even litigation. In some cases, those costs can outweigh the savings associated with preparing the documents without individualized legal advice.

  1. Software programs and online apps don’t create easily understood wills.  

Clear drafting is an important part of an effective estate plan. A will or other estate-planning document that contains conflicting provisions, omits important information, or uses unclear language can create uncertainty for family members and the people responsible for administering the estate.

Standardized estate-planning software may not identify every ambiguity, conflicting instruction, or missing detail that is specific to a person’s circumstances. An estate planning attorney can review the plan as a whole, clarify the client’s intentions, identify potential inconsistencies, and prepare documents designed to communicate those instructions as clearly as possible.

Legal professionals reviewing documents outside a courthouse

Contact Our Tennessee Estate Planning Lawyers Today

Because you can’t put a price on peace of mind—especially when protecting your final wishes and your loved ones—the advice, experience, and care you get from an experienced estate planning lawyer is priceless.

Estate planning software and apps are simply no match for attorneys who have helped countless people create their wills and estate plans, and countless more families resolve issues caused by unclear wills and estate plans.

Get your will or estate plan done right the first time and right away. Contact the Tennessee estate planning attorneys at Inman, Stadler & Hill for a consultation. We’ll discuss your needs and tell you exactly how we can help with your estate planning needs.

Related reading: 5 Major Things That Can Go Wrong if You Die without an Estate Plan · Estate Planning for Blended Families · Answers to Frequently Asked Questions about Wills and Estates

Filed Under: Estate Planning Tagged With: estate lawyer, estate planning software, wills and estates

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