Mount Juliet Wills & Estate Planning Lawyer
Estate planning is frequently misunderstood as a single act rather than a coordinated legal framework. Many residents of Wilson County conflate writing a will with completing their estate plan, not realizing that a will alone controls only a portion of what happens to an estate after death. Assets held in joint tenancy, retirement accounts with designated beneficiaries, and life insurance proceeds all pass outside of a will entirely. A Mount Juliet wills and estate planning lawyer addresses this entire picture, structuring documents and ownership arrangements so that assets actually reach the intended recipients without unnecessary delay, taxation, or court intervention. Attorney Christopher Eads at The Law Offices of Christopher Eads, PLLC works with individuals and families throughout Middle Tennessee to build estate plans that function the way clients expect them to, not the way a standard form document might lead them to believe.
Why a Will Alone Leaves Significant Gaps in an Estate Plan
Tennessee follows the Uniform Disposition of Community Property Act in limited circumstances, but for most residents, the critical issue is that probate governed by a will is a public, court-supervised process. Under Tennessee Code Annotated Section 30-1-117, any estate with assets exceeding $50,000 or that includes real property must generally pass through the probate court. For Wilson County residents, that means proceedings in the Wilson County Chancery Court in Lebanon. Probate takes time, typically several months at minimum and sometimes longer when creditor claims or disputes arise, and it costs money in filing fees, executor commissions, and potential attorney fees drawn from the estate itself.
Assets that bypass probate entirely, such as accounts with transfer-on-death designations, property held in a revocable living trust, or jointly titled real estate, are distributed immediately upon death without court involvement. Many clients come to our office believing their will controls everything, only to discover that their largest asset, a retirement account or a home titled in both spouses’ names, will not be affected by the will at all. Coordinating these non-probate assets with the broader written plan is one of the most consequential things an estate planning attorney does.
Outdated beneficiary designations compound the problem. A retirement account beneficiary designation completed decades ago, before a divorce or a second marriage, will override any contrary instruction in a current will. Tennessee courts have consistently held that properly executed beneficiary designation forms control the distribution of those assets regardless of the decedent’s apparent intentions expressed elsewhere. Reviewing and updating designations is not a formality. It is substantive legal work with real financial consequences for surviving family members.
The Functional Differences Between Revocable Trusts and Wills in Tennessee
A revocable living trust is drafted and funded during the grantor’s lifetime, meaning assets are retitled into the trust’s name before death occurs. Upon the grantor’s death, the successor trustee distributes assets according to the trust’s terms without any court filing. This structure is particularly valuable for individuals who own real property in multiple states, since a will would otherwise require ancillary probate proceedings in each state where property is located. Tennessee’s probate process, while not the most complex in the country, is still a proceeding that many families would prefer to avoid.
Revocable trusts also provide incapacity planning that a will cannot. Because a will takes effect only at death, it does nothing to address management of assets if the grantor becomes incapacitated during their lifetime. A properly drafted trust document includes provisions for successor trustee management during periods of incapacity, allowing financial affairs to continue without the need for a court-appointed conservatorship. Combined with a durable power of attorney and an advance healthcare directive, a funded revocable trust forms the core of a functional incapacity plan under Tennessee law.
That said, a revocable trust is not the right choice for everyone. For smaller estates that fall below the probate threshold or for individuals whose assets are already structured to pass outside of probate through beneficiary designations and joint ownership, a straightforward will supplemented by proper titling and designation work may accomplish the same goals at lower cost and complexity. The right answer depends on the specific asset structure, family circumstances, and long-term goals of each individual client.
Protecting Minor Children and Planning for Incapacity Through Testamentary Documents
For parents of minor children, the single most important function of a will is often the nomination of a guardian. Under Tennessee Code Annotated Section 34-2-103, a parent may nominate a guardian for a minor child through a will, and while the probate court retains authority to make the final appointment, a clear written nomination carries substantial weight. Without this designation, the court will appoint a guardian based on its assessment of the child’s best interests with no guidance from the deceased parent.
A testamentary trust within a will allows parents to specify how assets should be managed for minor children rather than distributing a lump sum directly to the child or to the court-supervised conservatorship that would otherwise control the funds. Parents can designate separate ages for income distributions versus principal distributions, appoint a trustee they trust to exercise discretion, and include specific instructions about the purposes for which funds may be used, such as education, healthcare, or housing. These provisions require careful drafting, because ambiguous language in a testamentary trust can generate litigation between trustees and beneficiaries years after the parent’s death.
Tennessee Estate and Gift Tax Considerations Affecting Middle Tennessee Families
Tennessee repealed its state estate tax in 2016, which removed a planning consideration that previously affected many Middle Tennessee families. However, the federal estate tax remains in force. Under current federal law, the unified credit exemption is set at levels that affect primarily high-net-worth estates, but that threshold has changed significantly over the past two decades and is subject to future legislative adjustment. Families with substantial real estate holdings, business interests, or retirement account balances should not assume that current exemption levels will remain static over a 20 or 30-year planning horizon.
Irrevocable trusts, including irrevocable life insurance trusts and spousal lifetime access trusts, allow certain assets to be removed from the taxable estate while still providing benefit to family members in specific circumstances. These instruments are structurally very different from revocable trusts and involve a genuine transfer of control that has lasting legal consequences. The decision to use these tools requires analysis of current asset values, projected estate growth, insurance needs, and the grantor’s tolerance for giving up direct control over the transferred assets. This is not planning that should be done with generic online forms.
What Happens to an Estate Plan Without an Attorney Reviewing It
Tennessee courts have seen a consistent pattern of problems stemming from self-drafted estate planning documents. Under Tennessee Code Annotated Section 32-1-104, a will must be signed by the testator in the presence of two witnesses who also sign in the testator’s presence. Online templates do not always explain that all parties must be physically present simultaneously, and courts have invalidated wills based on technical execution defects even when the testator’s intent was clear. A will that fails to meet Tennessee’s execution requirements is treated as no will at all.
The specific and unusual risk that many clients do not anticipate involves what happens to digital assets. Tennessee’s Revised Uniform Fiduciary Access to Digital Assets Act, codified at Tennessee Code Annotated Section 35-8-101 et seq., governs a fiduciary’s access to email accounts, cryptocurrency wallets, social media accounts, and other digital property. Without an explicit grant of authority in a will or trust document, an executor may be blocked from accessing these assets by the platform’s terms of service, regardless of what the will says. For clients holding cryptocurrency or other digital assets, this is not a hypothetical concern. It is an issue that requires specific drafting language to address.
When a client works with an attorney rather than completing documents independently, the practical difference shows up most clearly when administration begins. An attorney-drafted plan includes coordination between the will or trust, the powers of attorney, the healthcare directive, and the beneficiary designations. A self-prepared or outdated plan frequently contains internal contradictions that require court interpretation, beneficiary designations that conflict with the written instructions, or trust documents that were never funded because no one transferred the assets into the trust during the grantor’s lifetime.
Questions About Wills and Estate Planning in Wilson County
Does Tennessee require a will to be notarized to be valid?
A standard attested will in Tennessee does not require notarization to be legally valid. However, adding a self-proving affidavit under Tennessee Code Annotated Section 32-2-110 allows the will to be admitted to probate without requiring the witnesses to appear in court, which can significantly simplify the probate process. The self-proving affidavit is executed before a notary at the time the will is signed. Most attorneys include this as a standard part of the execution process.
Can a handwritten will be valid in Tennessee?
Yes. Tennessee recognizes holographic wills under Tennessee Code Annotated Section 32-1-105, provided the will is entirely written in the testator’s own handwriting and signed by the testator. Holographic wills do not require witnesses. However, they present significant risks in practice. Courts scrutinize them closely, ambiguous language is common, and the absence of an attorney’s guidance means the document often fails to address key issues like executor appointment, trust provisions for minor children, or specific asset distributions. A holographic will may be better than no will, but it is generally not a reliable substitute for a properly drafted and executed document.
What is a pour-over will and how does it work with a trust?
A pour-over will is a testamentary document designed to work in conjunction with a revocable living trust. Any assets that were not transferred into the trust during the grantor’s lifetime are “poured over” into the trust at death through the probate process. The will itself simply directs the executor to transfer the remaining probate estate to the trustee of the named trust. This provides a safety net for assets that were inadvertently left outside the trust, though those assets will still pass through probate before reaching the trust.
How often should an estate plan be reviewed?
Estate plans should be reviewed after any major life event, including marriage, divorce, the birth of a child, a significant change in asset value, the death of a named beneficiary or fiduciary, or relocation to a different state. Beyond those triggers, a general review every three to five years is a reasonable practice. Tennessee law and federal tax law change over time, and an estate plan that was well-constructed a decade ago may no longer reflect current law or the client’s current circumstances.
What authority does a power of attorney give and when does it take effect?
A durable power of attorney under the Tennessee Uniform Power of Attorney Act, Tennessee Code Annotated Section 34-6-101 et seq., grants a named agent authority to manage financial and legal matters on the principal’s behalf. A “durable” designation means the power remains effective even if the principal becomes incapacitated. A “springing” power of attorney, by contrast, only takes effect upon incapacity as certified by a physician. Financial institutions and third parties are generally more willing to accept a presently effective durable power of attorney, making the durable form the more common and practical choice for most clients.
Is probate in Wilson County a lengthy process?
Wilson County probate proceedings in the Chancery Court in Lebanon typically require at minimum four months due to the statutory creditor notification period under Tennessee Code Annotated Section 30-2-306, which requires creditors to be given notice and an opportunity to submit claims. Contested estates or those with complex asset structures can take substantially longer. Simple, uncontested estates with a cooperating executor and clear documentation often close within six to nine months. The use of a fully funded revocable trust avoids this timeline entirely for assets held within the trust.
Wilson County and Middle Tennessee Residents We Serve
The Law Offices of Christopher Eads, PLLC serves clients throughout Wilson County and the surrounding region. Residents of Mount Juliet, including those in the Providence area and near the growing commercial corridors along South Mount Juliet Road, regularly work with our firm on estate planning matters. We also serve clients in Lebanon, where the Wilson County Chancery Court handles probate proceedings, as well as in Watertown and other rural communities throughout the county. Our reach extends to Murfreesboro in Rutherford County, to Gallatin and Hendersonville in Sumner County, and to the communities along Old Hickory Lake that straddle the Wilson and Davidson County lines. Clients from Smyrna and La Vergne have also worked with our firm, as have individuals from the Springfield area in Robertson County who prefer representation from an attorney with direct experience in Middle Tennessee courts.
Schedule a Consultation With a Mount Juliet Estate Planning Attorney
The Law Offices of Christopher Eads, PLLC offers free initial consultations, so there is never a cost to discuss your estate planning goals with our team. Attorney Christopher Eads handles cases personally from start to finish, and clients are kept informed throughout the process. Reach out to our office to schedule a consultation with a Mount Juliet wills and estate planning attorney and get a clear picture of what a complete, properly structured plan looks like for your specific situation.
