The Law Office of Mary C. LaGrone The Law Office of Mary C. LaGrone 2026-06-01T11:30:01Z https://www.marylagronelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1502082/2020/03/cropped-favicon-min-32x32.png On Behalf of The Law Office of Mary C. LaGrone <![CDATA[What should every new parent in Tennessee include in a Will?]]> https://www.marylagronelaw.com/?p=47765 2026-06-01T11:30:01Z 2026-06-01T11:30:01Z Naming a guardian for your child The most important provision you can include in a will is the nomination of a legal guardian. Without one, a Tennessee probate court must step in and appoint someone based on its view of your child's best interests – a decision that may not always reflect your true wishes. Naming a trusted friend or family member in your will is the most direct way to help ensure someone you choose raises your child in an environment that reflects your family values.

Appointing a trustee for the inheritance

In Tennessee, minors cannot legally own significant property or directly inherit large sums of money. Without a plan, a court will intervene and assign a financial guardian to manage those funds until your child reaches adulthood. To address this directly, you can use your will to set up the following:
  • Testamentary trust: Allows a named trustee to manage the inheritance until your child reaches an age you determine.
  • Custodial account: Appoints a custodian to oversee the assets on your child's behalf. This option is simpler to set up, but it strictly terminates when your child turns 21.
You can structure either option to reflect your specific wishes for how and when your child receives their inheritance.

Selecting an executor for your estate

An executor manages your affairs after you pass, paying final debts, filing paperwork and distributing your property according to your wishes. For new parents, this choice is just as important as naming a guardian. The person you choose must stay organized, remain financially responsible, and handle the probate process competently during a difficult time. A poor choice can delay the settlement of your estate and ultimately affect what your child receives and when.

Seeking professional guidance for your family

Drafting a will that holds up in court requires more than filling out a form. In reality, failing to meet Tennessee’s strict signing and witness requirements can easily invalidate a will. While online templates are widely available, they often miss state-specific nuances or the unique needs of your family. Working with an experienced estate planning attorney can help make sure your documents are properly executed, giving your child the protection they deserve from the very start.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Can a TIST protect your child’s inheritance from creditors?]]> https://www.marylagronelaw.com/?p=47763 2026-05-21T16:48:13Z 2026-05-21T16:46:30Z Parents of adult children whom they plan to bequeath considerable assets are often concerned that those assets will only go to pay off their child’s debts. There are trusts available that can help shield assets from creditors. However, they don’t always guarantee that a creditor can’t get them. Tennessee is among the states that allow domestic asset protection trusts (DAPTs). The state’s version of this trust is called a Tennessee Investment Services Trust (TIST). A TIST is an irrevocable trust that is administered by a designated trustee who makes distributions to the beneficiary – typically based on the instructions provided by the grantor of the trust. These trusts provide some protection from creditors – however, only under specific circumstances. 

When can a creditor claim assets in a TIST?

While the law that created TISTs is nearly 20 years old, there were some revisions in the law five years ago that provide greater protection from creditors. For example, if the beneficiary already owed the creditor money when the assets were placed in the trust, the creditor has either 18 months to make a claim on those assets or six months after they learned (or should have learned) about the trust – whichever is the longer period.  If a debt is incurred after the trust is funded, then the creditor simply has 18 months to discover those assets and claim their share. The six-month option doesn’t apply. It should be noted that in either case, if a creditor can prove that assets were intentionally placed in a TIST to defraud them, those timelines don’t apply. That can be a difficult thing for a creditor to prove. A TIST can potentially help prevent a spouse from seeking part of it in a divorce since the assets not distributed would likely solely belong to the beneficiary. However, under the law, they can still claim spousal or child support that is owed to them. Tennessee has some of the most advantageous estate and trust laws in the country. To help ensure that you’re using the tools that are most advantageous to you and your family, it helps to have experienced estate planning guidance.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Is a notary necessary when signing a Tennessee will?]]> https://www.marylagronelaw.com/?p=47762 2026-05-06T12:54:47Z 2026-05-06T12:54:47Z Drafting a valid will can give a testator peace of mind. They can feel confident about the care of their minor children and the distribution of their property after they die. The person drafting the will must be an adult who is of sound mind. They must make estate planning choices of their own volition and not due to the pressure of outside parties. Tennessee's standards for wills also include a requirement for witnesses. Does the testator drafting a will need to hire a notary to validate their identity and stamp their document?

Anyone can serve as a will witness

Having a notary witness a will signing is not a requirement in Tennessee. Testators can select any two competent adults to serve as their witnesses. Many people rely on neighbors or even their family members to serve as their witnesses. The law does not explicitly require disinterested witnesses, but selecting witnesses who do not stand to inherit from the estate is generally advisable for the limitation of future controversy. A notary can play a role in establishing a self-proving affidavit in addition to a basic will. In such scenarios, witnesses may not need to testify about the document in the event of future disputes. However, a notary’s stamp is not necessary for a simple will to be valid in Tennessee. Witnesses are important for affirming the identity of the testator and answering questions about influence from outside parties or a potential lack of capacity later in life. Their absence can lead to probate conflicts. Working with a lawyer can help Tennessee testators ensure that their wills and other estate planning documents meet all legal requirements.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[The main risk of using unequal bequests in an estate plan]]> https://www.marylagronelaw.com/?p=47760 2026-04-21T17:17:58Z 2026-04-21T17:17:58Z Your estate plan does not need to divide your assets equally. You are fully free to use unequal bequests if you believe that is the correct course of action. If you have two children, for example, it is up to you if you want to give them both 50% of your assets or if you would rather leave a larger percentage to one child. That being said, your children may assume that your estate plan will be split up rather evenly. Even though it is not a legal obligation for you to do so, it is important to understand that there are some risks to using unequal bequests. They can increase the odds of estate challenges and estate disputes.

A valid reason to challenge the will

When disputes arise, it is important for the person starting the will challenge to have a valid reason to do so. Just because they are unhappy that they received less than a sibling does not mean they can automatically challenge the will. However, unequal bequests do make this more likely because they may not believe that the will reflects your true wishes. Maybe they will accuse a sibling who received more of using undue influence to skew the estate plan in their favor, for example. This is why it is often helpful to talk with your beneficiaries in advance. Tell them what you are planning and have conversations so that they know what to expect and they understand the reasoning behind your decisions.

Setting up your estate plan

Estate planning can be complex, and dividing assets is just one of the first steps you will need to take. Be well aware of the legal options you have at this time.  ]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[3 times to update your estate plan]]> https://www.marylagronelaw.com/?p=47759 2026-04-05T03:13:51Z 2026-04-05T03:13:51Z make updates? Here are three times an update, or at least a review, is probably warranted.

When your family changes

Think about ways that your family may change, such as if you get married, divorced or remarried. You also want to think about extended family members, such as if your adult children get married or if grandchildren are born. Some beneficiaries may pass away before you, meaning they need to be removed from the estate plan – especially if there’s no contingent beneficiary listed.

When your estate changes

Consider how your assets may change over the years. Most people acquire more money and other assets over the years. If you buy and sell a significant asset like your home, it’s also important to make sure your estate plan reflects your current property.

When your health changes

Your estate plan can do more than just distribute assets. You can also make medical decisions with a living will or an advance directive for health care. If you are diagnosed with a serious disease or have other major health changes, it may be time to update your plan. If you have been neglecting your estate plan, it is not too late to modify it. Just be sure you know what legal steps you will need to take.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Can you disinherit your spouse from your will in Tennessee?]]> https://www.marylagronelaw.com/?p=47758 2026-03-24T09:14:40Z 2026-03-25T09:12:12Z You might think leaving your spouse next to nothing in your will effectively disinherits them, but Tennessee law often prevents this outcome. While you can write a will that excludes a partner, the state provides legal safeguards to ensure they receive a portion of your estate.

The role of the elective share

Tennessee protects surviving spouses through a mechanism called the elective share. This law ensures your spouse receives a fair portion of the estate regardless of what your will says to protect them from receiving less than they deserve. Because of this protection, your spouse becomes what the law calls a compulsory heir. These heirs have a legal right to a share of your assets, which makes it nearly impossible to cut them out entirely through a standard will alone. Since the law automatically protects a spouse's share, you must use specific legal tools if you wish to limit their inheritance.

Effective workarounds for your estate

In fact, you can explore several options to manage how your assets move to your heirs while navigating these state protections. Consider these methods to document your specific wishes:
  • Prenuptial agreements: A spouse can voluntarily waive their legal right to an elective share in a written agreement created before the marriage.
  • Postnuptial agreements: This allows a spouse to sign away their inheritance rights through a written contract after the marriage has already begun.
  • Nonprobate assets: You can designate specific beneficiaries for assets like 401ks or life insurance, which may allow these funds to bypass the probate process.
While these methods offer more control, you must execute them perfectly to avoid the legal traps associated with leaving a spouse nothing.

Legal risks of disinheriting your spouse

Some people believe leaving a spouse just $1 prevents them from contesting the will, but this is a dangerous myth. Ignoring the elective share laws creates significant legal risks that can dismantle your entire estate plan. You should consider how these specific risks below might impact your legacy:
  • Contested wills: Attempting to disinherit a spouse without a valid legal agreement almost guarantees a long, expensive legal battle for your heirs.
  • Executor headaches: This conflict places your executor in a difficult position as they struggle to balance your personal wishes against state law.
These complications often lead to high legal fees and emotional stress, which underscores the importance of a professional strategy.

Protect your legacy with proper estate planning

Proper estate planning is the only way to ensure the law respects your wishes. When you work with legal professionals, you ensure that every document properly supports your intentions and meets state requirements. Taking the time to secure the right paperwork now allows you to navigate these complexities with confidence and protects the integrity of your final wishes.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Can you use a trust to delay the distribution of an inheritance?]]> https://www.marylagronelaw.com/?p=47756 2026-03-17T20:01:46Z 2026-03-17T20:01:46Z Choosing specific ages Yes, this is one of the potential uses of a trust. Many people think of trusts as funds that focus on a specific goal, such as providing assets to someone with special needs or focusing on educational costs. Trusts can be used that way, but you can also set up mandatory distributions that are administered at predetermined ages. One common strategy is to give the first payout at age 25, the second at age 30, and the final payout at age 35. This delays the first distribution until the beneficiary has graduated from college, so the money may be used to help them purchase a house or start their career. You could set it up to give them 25% of the money at age 25, the next quarter of the inheritance at age 30, and the final 50% at age 35, when it may be useful to them as they start a family and raise their children. In this sense, you get some control over when they acquire their inheritance, which can significantly influence how they use the money. Just make sure you know what legal steps to take when setting up a trust.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Do family members make good estate executors?]]> https://www.marylagronelaw.com/?p=47755 2026-03-14T22:24:49Z 2026-03-14T22:24:49Z Sometimes it can complicate matters You’ve likely read stories of family conflicts over the division of a deceased family member’s estate. Often these occur because the deceased split things unequally or perhaps disinherited one person who was expecting to inherit. Another reason they might occur is that someone believes the executor is putting their own interests ahead of the estate Not everyone is a great communicator, and even though an executor might be carrying out their duties honestly, heirs and other beneficiaries might get suspicious if they fail to communicate things clearly – especially if the executor is a family member who is also a beneficiary.

It may be too much of a burden at a difficult time

Say you nominate your youngest daughter to administer the estate. You and everyone else know she will follow your instructions to the letter. The only problem is that she is so devastated by your death that she struggles to think straight and makes errors that prove costly or delay things for everyone. This is not to say that no family members administer their loved ones’ estates well and without issue. Many do. However, when creating your estate plan, it is wise to consider all variables when making your choice and perhaps encourage or even put money aside for the person you choose to have appropriate legal guidance when the time comes.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Do the Tennessee probate courts uphold no-contest clauses?]]> https://www.marylagronelaw.com/?p=47752 2026-02-19T16:43:24Z 2026-02-19T16:43:24Z Testators creating estate plans frequently worry about conflict after they die. Parents may worry about their children fighting over their property. Testators might even anticipate a particular family member contesting their will due to family conflict or a personal sense of entitlement.  Especially in cases where people leave unequal bequests to their family members or choose to disinherit someone in their inner circle, the possibility of probate litigation can trigger concerns about the loss of estate resources and the damage that litigation could cause to close relationships.  If a person concerned about probate conflict includes a no-contest clause in their will, can they trust the Tennessee probate courts to uphold that provision in their estate plan? 

No-contest clauses are often enforceable

Some people refer to no-contest clauses as penalty clauses. They are essentially language disinheriting an individual who brings an unnecessary will contest in probate court.  The Tennessee courts can and often do uphold no-contest clauses if a will contest is unnecessary and inappropriate. However, in cases where the person filing the will contest does so in good faith and has probable cause supporting their legal action, the courts may choose not to enforce the no-contest clause. They can retain their inheritance, as they acted in good faith to support the testator’s wishes, not to enrich themselves.  No-contest clauses can be powerful deterrents to probate conflict. Reviewing family circumstances and estate planning intentions with a legal professional can help concerned individuals add the right details to their wills. The addition of a no-contest clause to a will or trust can prevent people from filing a lawsuit without sufficient justification or hold them accountable for doing so. ]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Using life insurance to fund a trust]]> https://www.marylagronelaw.com/?p=47751 2026-02-11T03:42:00Z 2026-02-11T03:42:00Z How can a future policy payout fund a trust? Many people assume that a trust requires immediate funding. However, it is relatively common for people to make arrangements for assets to transfer to a trust after their passing. Pour-over wills, deeds and beneficiary designations make it possible to fund a trust posthumously. A policyholder who wants to use life insurance to fund a trust must file paperwork with the insurance company naming the trust as the beneficiary for the policy. If they die while the policy is still in effect, the payout transfers to the trust and is subject to the control of the trustee they selected. This approach can preserve resources for minor children and prevent the misuse of those insurance proceeds. Parents and others hoping to provide lasting support for their loved ones may want to supplement their liquid capital and other assets used to fund a trust with the policy payout from their life insurance coverage. Those thinking about funding a trust benefit from estate planning guidance as they evaluate their options. Even those without tens of thousands of dollars in liquid capital can frequently establish trusts if they have proper guidance.]]>