The worst thing that can happen with any estate plan is to have the will invalidated after the estate planner dies. This could render the entire goal of the estate plan moot, and then the estate could be managed (and divided) according to a prior will or Tennessee intestacy laws. To avoid a situation like this, estate planners must make ever effort to ensure their wills are valid by adhering to the following six requirements:
Tennessee residents who are setting up their wills and other estate planning documents will need to gather specific information that's required to finalize their plans.
Just because a Tennessee resident appears to have signed and dated a will, it does not mean that the will is going to be valid. There are a lot of rules and regulations that go into the validation of a will, and there are many ways that such a document could be contested in court. Following are some of the primary reasons for contesting a will:
There have been many cases in which a Tennessee will was contested and rendered invalid by family members and heirs after a loved one dies. As such, making sure your last will and testament is valid is essential to having your wishes followed after you're gone.
You probably never thought you'd need to contest your mother's will. However, you recently discovered that someone coerced her into sign a new will only days before her death. Now, you're trying to learn about your options. You might even be asking: "Is possible to invalidate the second will and revert to the original?"
In the last blog post, we talked about holographic wills and when these may or may not be accepted by the court. Essentially, a holographic will relates to a will that's handwritten -- and it may or may not have witnesses. This week, we'll discuss the "noncupative will" -- which is a special kind of an oral will. As you can expect, an oral record is not the best for the purposes of clarity, nor is it the best for the purposes of withstanding challenges in court. Nevertheless, in select circumstances, it could be the only thing that a Tennessee court has to go on.
It sounds futuristic, like it would be a good thing, but a holographic will is not the kind of will that anybody wants. That's because challenging a holographic will is simple, and they are subject to being invalidated in court.
Whether you're young or old, whether you're married or single and whether you have children or not, you need to have an estate plan if you're self-supportive adult. Failing to complete an estate plan means a lot of difficulties and unnecessary costs, delays and disagreements could be in store for your loved ones.
You might think that a will has to be a paper document that has your signature and the signature of witnesses certified by an attorney or notary public. However, there is also something that's known as an "oral will." An oral will is communicated by mouth before witnesses. It's often communicated while the individual is on his or her deathbed.
Estate planning lawyers give the same advice to their clients over and over again, and when you search for will planning advice on the internet, you find a lot of repetitive information. That's largely because this information is so important, but what about the less-than-commonly-heard advice? A recent article published on Oprah's website, written by Suze Orman, offers something unique in this regard.