The Law Office of Mary C. LaGroneThe Law Office of Mary C. LaGrone2026-09-24T10:40:12Zhttps://www.marylagronelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502082/2020/03/cropped-favicon-min-32x32.pngOn 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=477852026-09-24T10:40:12Z2026-09-24T10:40:12ZIf 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=477832026-09-21T02:49:10Z2026-09-21T02:49:10ZParents 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=477802026-09-05T02:14:37Z2026-09-05T02:14:37ZUnmarried 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=477782026-08-20T18:30:58Z2026-08-20T18:30:58ZThe 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=477752026-08-08T00:35:49Z2026-08-08T00:35:49ZBuilding 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=477742026-07-26T22:35:47Z2026-07-26T22:35:47ZChanges 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=477722026-07-15T22:50:06Z2026-07-15T22:50:06ZWhy 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=477702026-07-08T23:30:22Z2026-07-08T23:30:22ZWhat 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=477692026-06-28T20:24:05Z2026-06-28T20:24:05ZKey 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=477682026-06-15T14:33:39Z2026-06-15T14:33:39ZWill 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.]]>