The Law Office of Mary C. LaGrone The Law Office of Mary C. LaGrone 2026-08-08T00:35:49Z 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[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 An outdated beneficiary designation could unintentionally leave assets to a former spouse and leave your current family without provisions.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![CDATA[Red flags that your Tennessee estate plan is outdated]]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.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Can a power of attorney override a will in Tennessee?]]> https://www.marylagronelaw.com/?p=47770 2026-07-08T23:30:22Z 2026-07-08T23:30:22Z What a power of attorney actually controls A power of attorney, or POA, grants a trusted individual the legal authority to act on your behalf. Attorneys refer to this person as your agent. Your agent can manage financial accounts, pay outstanding bills or make healthcare decisions for you. That authority only applies during your lifetime. Under Tennessee law, a POA ends the moment you pass away. Your agent cannot use it to access accounts or transfer property after your death. The document stops carrying legal weight at that point.

Why a will takes over after death

A will speaks for you after you are gone. It names who receives your assets and who manages the process. That person, your executor, steps in where your POA agent left off. Your executor files your will with the Tennessee probate court. The court then oversees the distribution of your estate. Probate courts pay your debts and transfer your remaining assets to your beneficiaries. Your will guides every step of that process.

Where families tend to get confused

Many people assume the same person handles everything. You can name the same individual as both your POA agent and your executor. But their roles never overlap in time. Here is a simple breakdown of when each document applies:
  • A POA covers your affairs during your lifetime, especially during incapacity
  • A will controls the distribution of your assets after your death
  • Your POA agent holds no legal authority once you pass away
  • Your executor holds no legal authority before your death
Mixing these up causes delays, family conflict and sometimes court involvement. Getting both documents right from the start prevents those problems.

Why you need both documents working together

A POA and a will form two halves of one plan. A POA protects you while you live. A will protects the people you love after you are gone. Without a POA, Tennessee courts may need to initiate a conservatorship proceeding. That formal legal process takes considerable time and financial resources your family would rather preserve. Without a will, Tennessee's intestate succession statutes determine the distribution of your assets. That outcome frequently contradicts your personal intentions. You may find it helpful to speak with an estate planning attorney in Nashville about how these documents work together in your specific situation.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Choosing a successor trustee for a living trust]]> https://www.marylagronelaw.com/?p=47769 2026-06-28T20:24:05Z 2026-06-28T20:24:05Z Key considerations before making a decision There are many factors that influence the best candidate to serve as successor trustee. Proximity can be important, especially if there are physical assets, such as real estate, for the trustee to manage. Choosing someone who is within a reasonable traveling distance of the grantor’s residence and major assets is often beneficial. The age and health of the candidate are also important considerations. The goal is to select someone who should remain healthy and capable of trust administration long after the grantor becomes incapacitated or dies. Personal characteristics, including trustworthiness, organization and the ability to withstand stress, are also important to consider. Trustees must follow complicated instructions. They have access to valuable resources, which means choosing someone who won't abuse that authority is of the utmost importance. They may face conflict with beneficiaries or outside parties, so they must be assertive enough to respond appropriately. Creating a list of potential candidates and reviewing their qualifications carefully can help grantors as they seek to establish a revocable living trust. A discussion with a lawyer can help people make rational choices based on their needs, not just their relationships.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[How long do people have to submit wills to the Tennessee courts?]]> https://www.marylagronelaw.com/?p=47768 2026-06-15T14:33:39Z 2026-06-15T14:33:39Z Will submissions should be timely Tennessee probate rules limit how long people have to submit wills to the probate courts. Typically, those with access to a will have 30 days from the testator's death to submit the original document to the probate courts. People may need to speak with an attorney who assisted the decedent, check their home office, look for a safety deposit box and even check if the courts received the will previously for safekeeping. The courts in the county where the deceased party lived typically oversee probate proceedings for the estate. The courts help validate a will. They also help ensure that personal representatives comply with the instructions in the will and fulfill their other legal obligations. Those concerned about estate administration, especially if they anticipate overseeing the process, may need help understanding the unique rules in Tennessee. Working with a probate and estate administration attorney can take much of the uncertainty and stress out of this process.]]> On Behalf of The Law Office of Mary C. LaGrone <![CDATA[Naming a guardian for your minor child]]> https://www.marylagronelaw.com/?p=47766 2026-06-06T03:15:36Z 2026-06-06T03:15:36Z factors to consider when naming a guardian for your minor child.

Willingness to serve

It’s essential to meet with potential guardians first. Doing this allows them to understand the role and assess if they are physically, emotionally and financially prepared for it. Accordingly, you can name someone willing and capable of serving as your child’s guardian.

Shared values

If you wish your child to grow up with certain goals, religious beliefs, educational philosophies and parenting styles, choose someone who shares or understands your values. You should trust that your chosen party will uphold beliefs that are important to you.

Location

The location of a potential guardian can be an important factor. You may want to keep your child in their current school district and near loved ones.

Financial stability

Your chosen guardian may need to cover some expenses, especially before your child’s inheritance is available to them. Thus, it’s vital to consider financial stability when naming a guardian. Note that one guardian may be responsible for your child’s daily care and finances. There are two types of guardians – one responsible for day-to-day care (guardian of the person) and one responsible for managing your child’s inheritance (guardian of the estate). Moreover, you can name separate guardians – one of each type – or name one person to assume both responsibilities. A guardian of a minor child plays a crucial role when parents are unable to take care of the child. Learn more to protect your child’s future.]]> 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.]]>