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We are of the opinion that a Last Will and Testament ("A Will") is an essential estate planning document. The creation alone of a Will does not exclusively help your family avoid probate court, but a Will makes the process MUCH smoother after your loved one passes. Often times probate is necessary to validate the will and empower the Executor in the Will with a court order, however is not always necessary based upon how the Decedent's assets are titled (or pass by beneficiary). As a general rule, I say routinely that if you have a Will, it's likely that after you pass you will have to go through probate court.
Yes, as a general rule, a family trust that is properly funded will avoid the need for probate court. However, the need for probate to "capture" assets which weren't funded into the trust could result in the need for an Executor to be appointed by the Probate Court. The strategy is ultimately to use a family trust to avoid the Probate Court or at least minimize the work needed to be performed by an Executor.
A Trust can seem complicated at first, and frankly, some can be incredibly complicated. However, Trusts come in all shapes (or lengths) and sizes. I like to focus on explaining Trusts in an easy-to-digest manner, making sure that my clients understand how they work. And I often say that regardless of your "net-worth," a Trust can be beneficial to pass your assets or real estate without having to worry about the probate process.
No. It's not a good idea. Putting anyone's name on your deed without being paid for it is a transfer without value. This means that the transfer is a gift. This type of transfer may result in tax consequences upon the final sale of the property.
I know this may seem frustrating, but I hesitate to state directly what my fees and costs are online without any context. Everyone's situation and family dynamics are different and because of this, I can't give an accurate cost estimate without a consultation.
For Estate Planning Services (Will, Trust, Power of Attorney, Etc.) creation, I quote a flat fee for the preparation. For Probate, Conservatorship, Elder Law Strategy, or other "advice-driven" or court representation services, I charge my hourly rate but request an up-front retainer fee.
What I can offer is that for the year 2025, my general hourly rate is $335.00 per hour and that as a general rule I try to stay reasonable for the cost of estate planning in comparison with market rate.
I'm passionate about estate planning and so I want everyone to have a plan. If we meet for a consultation and you're unable to afford my quote, I am happy to discuss a way for us to make things work.
An "online will" or a Last Will and Testament which is created using a software suite, an online "will maker" or otherwise, may seem like a cost-effective and simple solution. However, the problem is that your estate plan is NOT a "one-size-fits-all" situation. And further, I have not reviewed very many "online wills" that accomplish 100% of what I advise a will needs to have. Many services claim that their wills are "state-specific" and might be so, however, an "online will" usually falls short of containing the correct language and items which an experienced estate attorney would advise. In other words, it's better to let an experienced, legitimate estate attorney give a advice and draft a will tailored to your needs rather than rely on a software program to "plug-and-play" your wishes.
This is a good question and it always depends on a person's situation. However, I usually boil down this answer to what I call "The 4 Core Estate Planning Documents in Tennessee:"
Last Will and Testament, Healthcare Power of Attorney, General Durable Power of Attorney, and a Living Will.
In order of appearance above, a Last Will and Testament appoints and Executor to handle your affairs after you pass and directs your assets to whomever you write in the document. The Healthcare Power of Attorney names someone to help make medical decisions when you can't. The General Durable Power of Attorney names someone to help make legal, business, and financial decisions when you're unable to do so. A Living Will is a simple document that states your wishes upon end of life.
Aside from these four documents, a trust may be helpful to expedite your affairs after you pass away and other documents might be helpful as well based upon your situation.
I'm asked this question quite often and it is hard to nail down a perfect answer like any legal question.
The probate process will all depend upon the complexity of the situations after a loved one passes away. The same applies for cost. My hourly rate is $335.00 per hour and attorney fees are directly related to the amount of work needed to complete the case.
Having said this, as a general rule, easier / smaller estates usually take between 5-12 months from start to finish and may take anywhere from 10 - 15 hours of attorney's work.
I do based upon the situation, however a travel fee is usually added to the fee for services.
However, before determining that a house call is absolutely necessary, I am happy to meet with clients by phone or by zoom videoconference to avoid a travel fee.
This depends on the type of trust which you are choosing to prepare. Certain trusts can be called "asset protection" trusts and some trusts offer "medicaid (Tenncare) sheltering" protection. These type of trusts can protect a family home from a potential creditor (possible lawsuits as well) or Medicaid recovery after the death of a loved one. However, it's very important to have these types of trusts prepared precisely and managed carefully upon creation in order to maintain the protection.
On the other hand, a Family or "Living" Trust often does not offer creditor or Medicaid protection, but will avoid the probate process if prepared correctly.
I sure do. Although based in Davidson County on the west side of town in Bellevue (away from pedal taverns and high parking rates), I practice in all counties in Middle Tennessee and am happy to evaluate a client's matter in West or East Tennessee as well. Further, for Estate Planning, so long as you're in Tennessee and don't mind coming to see me, I'm happy to handle documents for anyone who is a resident of this great state.