Nashville Wills Lawyer

Nashville Wills Attorney

A will is a foundational part of estate planning. It is a versatile document that can list many of your wishes for your estate and your loved ones. This is why the simplest estate plans consist of only a will. Creating a will is important to safeguard your future, even if you don’t expect it to be used for many decades. It’s still useful to plan sooner rather than later. A skilled Nashville wills lawyer is a necessary asset to creating an enforceable and effective will.

When a will is well-made, it can ease the process of probate, providing for an efficient closing of your affairs and distribution of your assets. It can save your loved one’s time and expense in court and help them receive the benefits of your estate more quickly. Without a will, family members can face longer court proceedings, extra expenses, and even litigated disputes. If a will is not well-crafted, it can also create complications during the probate process. A skilled attorney could help prevent this.

Skilled Legal Guidance During Will Creation

Shanone Emmack, of Emmack Probate and Estate Law Group, is a lawyer with years of education and experience in crafting wills and estate plans. She can help you preserve your estate and your legacy with a straightforward and valid will and help you determine if other estate planning documents can safeguard your wishes. You may have unique assets or family members with unique needs, and she can help you create a will or estate plan that addresses those things.

An unclear or invalid will can create more issues in probate. By working with attorney Shanone Emmack and her team, you can create a clear will that upholds your intentions for your estate. This can give you certainty in how your loved ones will be cared for after your death and how your estate will be managed. They can provide you and your loved ones with the individualized legal care you need when creating an estate plan.

Crafting a Last Will and Testament

Your will is a legal document that enables the distribution of your estate and the care of your loved ones. The basic information held in a will includes:

1. Your estate. A will lists the assets and debts that make up your estate. This includes real estate, bank accounts, investment accounts, vehicles, and other personal property. It also includes any loans or other debts.
2. The executor of the estate. Your will names an executor, who may be a friend, family member, or professional that you trust. This individual has the responsibility of caring for your estate, settling its affairs, and distributing it to your beneficiaries in the process of estate administration.
3. The distribution and management of the estate. The will can state how debts and expenses are to be paid in addition to how and when your assets will be distributed. It may also list gifts or charitable donations to be made in the name of your estate.
4. Your beneficiaries. One of the main focuses of an estate plan is the naming of beneficiaries to your estate. Your will can list who benefits from what assets in your estate, which are the guidelines followed by the executor.
5. A guardian for minor children. If you have any minor children, a will can state who you want to care for them in your absence. This can prevent your children from being assigned a guardian you do not approve of. The court is not required to follow your wishes for guardianship but will if it is in the children’s interests.
6. Funeral instructions. The will can lay out your wishes for a funeral and a burial or cremation. It may also state how those services will be funded.

Without a will, your estate will still be administered and distributed, but it will be according to the state’s intestate inheritance laws. These state laws are also subject to change over time. If you have any assets and any intentions for how those assets are passed on to your loved ones, a will is essential.

Creating a Valid Will

To create a valid will in Tennessee, certain statutory requirements must be met. Tennessee law recognizes three types of wills: attested wills, holographic wills, and nuncupative wills.

For an attested will, the following requirements must be satisfied:

1. The will must be signed by the testator.
2. The testator must signify to the attesting witnesses that the instrument is the testator’s will.
3. The testator must either sign the will in the presence of at least two attesting witnesses, acknowledge a previously made signature in their presence, or direct someone else to sign the will in the testator’s presence and in the presence of the attesting witnesses.
4. The attesting witnesses must sign the will in the presence of the testator and in the presence of each other

For a holographic will, the requirements are:

1. The will must be entirely in the handwriting of the testator.
2. The signature and all material provisions must be in the testator’s handwriting.
3. The testator’s handwriting must be proved by two witnesses

For a nuncupative will, which is an oral will, the requirements are more stringent and apply only in extreme cases. The will must be declared by the testator in the presence of at least two witnesses and must be reduced to writing within thirty days of the declaration.

Additionally, the testator must have the mental capacity to make a valid will, meaning they must understand the nature and consequences of making the will, the property being disposed of, and the persons receiving it.

Creating a valid will in Tennessee requires strict adherence to statutory formalities, including proper execution and witnessing for attested wills, handwriting requirements for holographic wills, and specific conditions for nuncupative wills. Compliance with these requirements ensures the will is legally recognized and enforceable.

A will is created by the testator, and that individual must intend to create the will and have the capacity to create it. Testamentary capacity means that the testator understands their relationships, the extent of their estate, and the meaning of those things. The testator cannot have made the will under threat of force or duress.

What Makes a Will Invalid in Tennessee?

A will may be invalid for several reasons. During probate, the court will review the validity of the will. Even if the court validates the will, interested parties can still challenge the will’s validity on certain grounds. This includes:

1. The will was revoked by the testator prior to their death
2. A newer version of the will exists
3. The will does not meet state requirements for validity
4. The testator made the will or made changes to a previous will due to undue influence or duress
5. The testator was defrauded
6. The signature or will was forged
7. The testator lacked the testamentary capacity to create or modify their will

When you create a will, it is important to address these grounds for invalidity. This is especially necessary if you believe an heir or beneficiary is likely to try to contest the will. Individuals who make or alter their wills when they are older are more likely to face will contests based on a lack of testamentary capacity. An attorney can help you address these and other grounds of invalidity, helping keep your true wishes intact.

Dying Without a Will in Tennessee

If you die without creating a will in Nashville, this is called dying intestate. Your estate will still be entered into probate court, but you have no say in who administers the estate and how it is distributed. State law lists which family members receive all or portions of the estate, prioritizing a surviving spouse and surviving descendants.

If your surviving spouse is a second marriage and you pass away intestate, your current spouse will inherit a significant portion of your estate. This can lead to conflicts between your current spouse and children from a previous marriage, as the surviving spouse could inherit most or all of the estate, which would pass to your stepchildren, potentially disinheriting your children from a prior relationship.

If you do not have these surviving relatives, the line of succession will continue to other surviving relatives. The goal of intestate law is to have your estate be inherited by anyone remotely related to you. However, if no relatives exist, then the estate will pass to the jurisdiction of the state.

While you may have surviving relatives who you wish to inherit your estate, it isn’t ideal to leave that distribution up to chance. Your will can ensure clear succession and alternate beneficiaries if your intended beneficiaries do not outlive you.

While your will still goes through the process of probate, it tends to go much more quickly. When your will is well-made, there are no uncertainties about who is going to administer it, how your debts will be paid, or what assets you hold in your estate. Without a will, these are all things that take time to decide and gather before the estate can be administered and closed.

It can take your loved one’s significant time to find and inventory your assets, especially if you have a larger estate. Creating a clear will can avoid these issues. This saves your loved ones time, stress, and money at a very vulnerable point in their lives.

Do I Need a Lawyer for a Will in Tennessee?

You aren’t required to work with a lawyer for a will in Tennessee, although there are many benefits to doing so. Your will must comply with state law in order to be enforceable, and a lawyer can help you ensure that the will fits these requirements. The will must also present your wishes clearly. A convoluted or vague will can make your wishes hard to follow and result in disputes between your loved ones over what you intended.

Working with an attorney on your will costs more, but it can save your family and loved one’s significant time and money during the process of probate. Working with a lawyer also helps you cover all the necessary elements of a will tailored to your unique circumstances. You can create a will more quickly, and it will be easier to update the document in the future.

Consult Our Wills Team for Estate Planning

Beginning the creation of a will can be stressful, especially if you are not aware what requirements you must meet. Shanone Emmack has helped many individuals in the Nashville area address their unique estate planning goals through the creation of wills and other documents, and has the knowledge needed to ensure these documents meet legal requirements.

A simple estate plan provides you with many benefits, and a comprehensive estate plan can determine your and your family’s future even more clearly. A comprehensive estate plan can even keep your estate from entering probate at all. Skilled legal representation can help you review your goals for estate planning and determine what documents can help you enforce those goals. When you need compassionate legal support, contact attorney Shanone Emmack today.