The Law Office of Mary C. LaGrone The Law Office of Mary C. LaGrone 2026-10-31T23:40:57Z 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[Leaving an inheritance to someone with spending problems]]> https://www.marylagronelaw.com/?p=47794 2026-10-31T23:40:57Z 2026-10-31T23:40:57Z Planning an inheritance is one way to provide for loved ones and help to support their future. However, deciding what to leave behind can become more complicated when a beneficiary has difficulty managing money. However, it is not always easy to decide how that money should be passed down. If someone has a history of overspending or struggles to manage their finances, there may be concerns about whether they will be able to make the most of their inheritance. Fortunately, estate planning can offer options that can help families provide financial support while maintaining some control over how those assets are distributed.

Protecting an inheritance through careful estate planning

One option is to establish a trust rather than leaving assets directly to a beneficiary. A trust is a legal arrangement that allows a trustee to hold and set specific terms for how and when an inheritance is distributed. For example, rather than giving someone their entire inheritance at once, the trust could provide smaller payments over time or distribute funds when the beneficiary reaches a certain age or meets specific milestones. A spendthrift trust may be another option for someone worried that a loved one could spend their inheritance too quickly. This type of trust places certain limits on how the beneficiary can access or use the money. It can also help protect the trust assets from certain creditor claims. For example, a beneficiary generally cannot sell their interest in the trust or use future distributions as collateral for a loan. Instead, the money remains in the trust and is distributed according to the terms set by the person who created it. There are also other ways to approach inheritance planning depending on a family's circumstances. Some people may prefer to leave certain assets in a trust while distributing others directly to their loved ones. The right approach will depend on the beneficiary's financial habits, the assets involved and how much control the person creating the estate plan wants to maintain. Leaving an inheritance should be about more than simply transferring assets. Those who have concerns about a loved one's spending habits can benefit from discussing their options with a qualified legal professional. Careful planning can help provide financial support while giving families greater confidence that their wishes will be respected and their loved one will be protected.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Who should you choose as an estate executor?]]> https://www.marylagronelaw.com/?p=47792 2026-10-15T18:16:15Z 2026-10-15T18:16:15Z When you pass away, you will ideally have an estate plan in place that gives instructions to your family. But you do need to choose an estate executor or an estate administrator, who will actually carry out those instructions in accordance with your plan. This person will be responsible for paying debts, administering copies of the estate plan, communicating with beneficiaries, inventorying assets, distributing those assets, and much more. It is crucial to choose the right person for the job.

Are they willing to do it?

First and foremost, find someone who is willing to take on this responsibility. It is a lot to ask, and not everyone will want that obligation. Also, look for someone who has the time to do so. The estate administration process can take months.

Are they suited to the task?

Next, look for someone with the proper skills and abilities to take on such a complicated task. They should be detail-oriented and organized. It may help if they have a background in financial or legal issues, as well as a high level of education. Consider both the intellectual and emotional components of operating as an estate executor.

Can you and your family trust them?

Finally, you are giving this individual a lot of power over your estate, and they can have a major impact on your beneficiaries. You should always select someone who you explicitly trust to follow your instructions and put your family's best interests first. Do you already have someone in mind to be your estate executor? Be sure you know what steps to take to legally set up your estate plan.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Estate planning for items with sentimental value]]> https://www.marylagronelaw.com/?p=47788 2026-10-01T00:21:37Z 2026-10-01T00:21:37Z Many of the tangible assets that you own could have sentimental value to members of your family, especially to your children. Examples could include inexpensive jewelry, instruments, book collections, home furnishings or artwork. People often have a nostalgic connection to the past through these types of items, which remind them of their childhood and their relationship with their parents. When making an estate plan, it is crucial that you keep this sentimental value in mind. You should take steps to incorporate these items into the plan and determine who receives them. It may be worth having conversations with beneficiaries in advance to determine what they want, but it is best to have some type of plan in place.

Avoiding estate disputes

One reason to do this is that items with sentimental value often trigger estate disputes. It is not just large sums of money or high-value property that lead to arguments and disagreements. Many of these items do not have a significant financial value, but the emotional connection the beneficiaries feel leads to disagreements over who should receive those items. In many ways, if you do not plan in advance, these disagreements can be difficult to solve. Because of the lack of financial value, beneficiaries may not think that it is worthwhile to sell the items and split up the money. They want to receive those specific items, and so it is difficult to find a compromise. If you are making an estate plan this year, sentimental value is just one area to consider. Be sure you know exactly what legal options you have so that your goals for your future, your assets and your loved ones can succeed.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[What happens if you do not have a power of attorney?]]> https://www.marylagronelaw.com/?p=47785 2026-09-24T10:40:12Z 2026-09-24T10:40:12Z If you live in Tennessee and you do not have a power of attorney, you leave important decisions to chance. A power of attorney (POA) is a legal document that lets you choose a trusted person to act on your behalf. Without one, your family has limited authority to help you on matters regarding your money, property and even health.

The conservatorship process

Without a valid POA in place, your family may have no choice but to petition a court for a conservatorship if you become unable to manage your own affairs. In Tennessee, a conservatorship is a legal proceeding where a court appoints a surrogate decision-maker. The conservatorship process involves court hearings, legal fees and court supervision. Thus, the court will ultimately decide who manages your affairs, which may not align with your personal preferences.

Loss of financial control

You lose the ability to choose who handles your financial affairs when you do not designate someone through a POA. The court-appointed conservator will handle major financial transactions and decisions. While this person can be a family member, it could also be a professional conservator you have never met. Additionally, many institutions will refuse to speak with anyone other than you unless they have a valid POA or a court order. This can lead to missed mortgage payments, insurance gaps and delayed financial decisions.

Healthcare complications

When you do not establish a healthcare POA, your family may struggle to make medical decisions on your behalf. While Tennessee law provides a hierarchy of family members who can make healthcare decisions, disputes can arise. The process may not reflect your true wishes regarding medical treatment.

Taking action today

You do not need to fear leaving you or your family’s future to chance. Consider working with a legal professional in Tennessee to draft a durable POA or a healthcare POA to retain control. Consequently, you decide who you trust and spare your family from unnecessary courtroom battles or procedures.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Incentive trusts help beneficiaries with responsible asset usage]]> https://www.marylagronelaw.com/?p=47783 2026-09-21T02:49:10Z 2026-09-21T02:49:10Z Parents often worry about passing their wealth to young or financially inexperienced heirs. An incentive trust (aka conditional trust) allows you, the grantor, to place specific conditions on inheritance distributions to encourage positive life choices.  This planning tool can help ensure that your family assets support the beneficiary's personal growth rather than enabling financial irresponsibility.

Common milestones for asset distributions

Setting structured benchmarks gives beneficiaries clear targets to fulfill before receiving financial payouts. You can design requirements that align with your core family values and goals, such as:
  • Graduating from an accredited college or university.
  • Maintaining steady full-time employment for a specified period.
  • Remaining free from illegal substance abuse through regular testing.
  • Matching earned income dollar for dollar with trust funds.
By tying financial support to personal achievements, you encourage your heirs to build self-reliance and practical life skills.

Benefits of setting trust provisions

Without proper safeguards, a sudden influx of money can lead to reckless spending and long-term financial harm. Establishing clear distribution rules protects both the beneficiary and your family legacy by:
  • Preventing young heirs from squandering capital on impulse purchases.
  • Shielding the trust's principal from potential creditors and legal claims.
  • Providing a framework for gradual financial independence over time.
These provisions help safeguard wealth while motivating heirs to achieve their own professional and personal success.

Key considerations for trust drafting

Creating effective incentive clauses requires balancing firm standards with necessary flexibility. Unintended consequences can arise if provisions are overly rigid or difficult to measure. Consider:
  • Appointing an independent trustee to evaluate compliance fairly.
  • Including hardship exceptions for medical emergencies or disability.
  • Creating easy-to-follow guidelines that define what successful employment or graduation looks like. 
Careful structuring with legal support helps ensure that incentive trusts are executed smoothly and protect the financial future of your loved ones.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Estate planning guidance for unmarried couples in Tennessee]]> https://www.marylagronelaw.com/?p=47780 2026-09-05T02:14:37Z 2026-09-05T02:14:37Z Unmarried couples in Tennessee can face unique challenges when planning for the future. State law does not provide automatic inheritance rights for partners who are not married.  Strong documentation is essential because state inheritance rules favor biological relatives over unmarried partners. Fortunately, a thoughtful estate plan can protect each person and reduce confusion during difficult moments.

Understanding local intestacy rules

State law directs assets to relatives when someone passes away without a will. This means an unmarried partner receives nothing unless they are named in valid documents.  Tools like these provide written instructions for couples who share property, accounts or long‑term commitments.
  • A will names specific beneficiaries, preventing default rules from controlling property distribution.
  • A durable power of attorney grants financial authority when one partner cannot act on their own.
  • A medical power of attorney identifies a trusted decision-maker for health care choices.
These documents also help reduce conflict among relatives who may not understand the couple’s intentions.

Protecting shared assets and responsibilities

Unmarried couples often share homes, accounts and debts. Written agreements can protect each person’s investment and reduce the risk of disputes. They also address how to divide or transfer shared assets if one partner passes away. Two tools to consider include:
  • A cohabitation agreement defining financial expectations and the handling of shared expenses.
  • A property agreement clarifies ownership rights for real estate or major purchases.
Putting the right documents in place does more than provide protection for committed partners who choose not to marry. A strong estate plan also gives unmarried couples greater control over their future. Careful legal preparation today helps protect both partners while supporting their shared long‑term goals.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[What happens if an heir cannot be located?]]> https://www.marylagronelaw.com/?p=47778 2026-08-20T18:30:58Z 2026-08-20T18:30:58Z The executor must do their due diligence Estate executors have a fiduciary duty to the estate and any heirs or other beneficiaries  – and that includes attempting to locate any who are missing. The court will generally refuse to settle the estate until a diligent search has been performed. Exactly what qualifies as a diligent search can vary according to the circumstances, but it may include:
  • Contacting known relatives, friends and former employers for information
  • Reviewing the deceased person’s address books, correspondence and financial records for clues about the missing relative’s last known location
  • Searching public records, property records and voter registries to see if they appear
  • Checking social media accounts and online directories for clues to their location or contact methods
  • Contacting professional organizations or military records offices, if they have any
  • Sending correspondence to the heir’s last known address to see if they will respond
  • Hiring a professional investigator or heir-search service to try to track them down
If the heir still cannot be located, the court may permit the executor to publish a notice in an approved newspaper in a final attempt to locate them. Then, depending on the court’s discretion, they may close the estate – although the missing party’s share of the estate may need to be deposited with the court and put in the state treasury’s unclaimed funds. The inheritor usually will remain the legal owner of the assets even when the estate is closed, unless they are determined to be deceased. A missing heir can delay estate administration, particularly when the person is entitled to receive a significant share of the property. However, probate does not necessarily remain open indefinitely. Having experienced legal guidance can help keep the process in motion and simplify the resolution of issues.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Estate planning for blended families]]> https://www.marylagronelaw.com/?p=47775 2026-08-08T00:35:49Z 2026-08-08T00:35:49Z Building a plan that reflects your family One of the biggest estate planning challenges blended families face is providing for a surviving spouse without unintentionally disinheriting children from a prior marriage. Many people assume that even though they are leaving everything to their spouse, eventually the entire family will benefit. However, after the surviving spouse passes away, those assets may be distributed according to their own estate plan, which may not include your children. Not every asset passes through your will. Retirement accounts, life insurance policies and certain other financial accounts are distributed according to the beneficiary designations on file. People often forget to update these documents. An outdated beneficiary designation could unintentionally leave assets to a former spouse and leave your current family without provisions. It’s essential to review these designations regularly to ensure they align with your overall estate plan. While reviewing and updating your estate plan, you may want to communicate your intentions to family members to prevent confusion and disagreements later. Explaining your overall goals can help your loved ones understand why you made certain decisions.

Regular review of your plan is important

Blended families often experience significant life changes over time, such as a new marriage, the birth of a grandchild or changes in financial circumstances. Reviewing your estate plan every few years helps ensure it continues to reflect your wishes and your family’s needs. No two blended families are alike, which means you need an estate plan that reflects your goals. A legal professional can help you create a personalized plan that protects the people you love.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Red flags that your Tennessee estate plan is outdated]]> https://www.marylagronelaw.com/?p=47774 2026-07-26T22:35:47Z 2026-07-26T22:35:47Z Changes in your personal relationships Life events can alter how you want your property distributed. Changes like these typically require plan updates:
  • Marriage
  • Divorce
  • Adoption
  • The birth of a child
  • The birth of a grandchild
  • The death of a beneficiary
When you experience events like these, it can affect your beneficiary choices, fiduciary appointments and long‑term planning goals. Reviewing your documents after any major change helps ensure your plan continues to match your intentions.

Updates in your financial picture

Asset changes can create mismatches between your documents and your current holdings. Examples include:
  • New real estate
  • Business formation
  • Significant investment growth
  • Debt reduction
  • Sale of major assets
A plan that does not reflect your present financial situation may cause distribution delays or unintended outcomes. Aligning your documents with your updated assets helps maintain clarity and efficiency.

Shifts in Tennessee or federal tax laws

Changes in the law can also affect how certain documents operate. These include:
  • Revisions to Tennessee probate procedures
  • Changes in power of attorney statutes
  • Adjustments to federal estate tax thresholds
Monitoring these developments helps prevent outdated provisions that may no longer function as intended. Regular legal reviews of your plan can help you rest easy knowing it remains effective for your current circumstances.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Funding a living trust: A step often overlooked or misunderstood]]> https://www.marylagronelaw.com/?p=47772 2026-07-15T22:50:06Z 2026-07-15T22:50:06Z Why funding matters A revocable living trust must hold legal title to assets before it can manage or distribute them. Tennessee requires probate for property that remains in an individual name or is left out of a trust. This often surprises families who believed the trust covered everything. Careful funding and retitling of assets helps ensure that the trust controls the property during life and after death.

Common funding mistakes

To help prevent missteps, here are some funding errors to avoid:
  • Leaving real estate in an individual name
  • Failing to update financial accounts
  • Overlooking beneficiary designations
  • Ignoring vehicles or business interests
Being excluded from the trust forces overlooked assets through probate, a complex and time-consuming process.

Retitling assets correctly

To retitle assets, you must follow precise steps that vary by asset type:
  • Real estate typically needs a new deed transferring ownership to the trust.
  • Financial institutions often require specific forms to change account titles.
  • Beneficiary designations must be updated when the trust is intended to receive certain assets.
  • Vehicles may need new titles issued through Tennessee agencies.
The proper execution and recording of deeds for real property transfers is also required. Taking a methodical approach with experienced guidance can help ensure that every asset is addressed when funding a revocable living trust.]]>