Henderson Estate Lawyer Ensures Your Will Has Accuracy and Validity

Tennessee attorney provides skillful legal support

A last will and testament is an essential part of a comprehensive estate plan. It describes your wishes for who you want to inherit your property, as well as care for your children should you pass before they reach adulthood. At Parham Estate Law, I provide the full range of will services, including the drafting, review, amendment, revocation and execution of these vital documents. My Henderson law office handles estates of all sizes and complexities, creating clear and enforceable instructions that accurately convey my clients’ intentions. I am pleased to help people in Chester County and throughout Tennessee prepare wills that provide them with peace of mind.

What happens if I die without a will in Tennessee?

If you die without a will, your estate will be distributed in accordance with Tennessee intestate succession laws. Who gets your assets depends on what relatives are living. Your closest relatives such as your spouse and children are first in line, followed by parents, siblings and so on. Loved ones you may have wished to receive assets will get nothing if they are outside the limited lines of inheritance. However, only assets that pass through probate are subject to intestacy law. Other properties — such as assets in living trusts and retirement accounts with designated beneficiaries — pass directly to the people named in them. 

What goes into a will? 

A will includes instructions for the distribution of designated property, such as financial assets, real estate, motor vehicles and valuable and sentimental objects. A will also names a trusted person to act as your executor, being responsible for managing your estate during the probate process and overseeing the distribution of property in line with your wishes. You can name a guardian for minor children, which is especially important for single parents. You can also include trusts to protect your children’s inheritance. These can be beneficial if your children are young, are not good with money or have marital or creditor problems. You can even name someone to care for your pets. When you meet with me at my estate planning law firm, I can answer your questions about how to draft your will based on your individual needs and desires.

What are the requirements for an enforceable will? 

The maker of the will, known as the testator, must meet the following conditions:

• They must be of sound mind and comprehension, must create the will voluntarily without coercion or undue influence and must intend that the document be their last will and testament. 
• They must sign the will in the presence of two witnesses, who must sign and attest to the execution.

The will should be written in clear language to reduce the risk of confusion that could potentially invalidate the will or parts of it and/or lead to litigation. It is useful to execute a self-proving affidavit, signed by the testator and witnesses in front of a notary public, that attests to the will’s validity.

Can I change my will?

You can and should update your will when life circumstances change. You may need to amend your will after the following events: 

• A beneficiary’s death
• Divorce
• Marriage
• Birth or adoption of a child
• Withdrawal of the estate executor or child guardian
• Acquisition of new property

Amending a will to keep up with changing circumstances can prevent probate complications after you are gone. This can be done by adding a codicil or by executing a new will. 

If I have a trust do I need a will?

Even if you have a trust, there could be assets that were overlooked or not placed into the trust for certain reasons. With a “pour-over” will, you can direct that these assets be deposited into the trust when you die. If one of your goals is to help your loved ones avoid the probate process, having both a living trust and a pour-over will is a good option. You can also write a will that steers funds to a different type of trust you create, such as a charitable, special needs or pet trust. I can help you develop a comprehensive estate plan with documents that complement each other to meet your specific goals.

Contact a diligent lawyer in Chester County to prepare your will 

At Parham Estate Law in Henderson, Tennessee, I draft enforceable wills and help clients with the full range of will issues. Call 901-602-3361 or contact me online to schedule a time to speak with me.