Once a person dies, it is important to execute the will as soon as possible. Normally, the will first has to be filed with the probate court. Then, it can be executed.
Your last will and testament is probably the most important estate planning document you will create. Therefore, you will want to ensure that the will you draft and sign is both lawful and appropriate given your situation. Here are a few basic considerations that every Tennessee testator should keep in mind when creating such a document:
One of the reasons why a will could be invalidated after someone dies is because not all of the necessary components were included in the will. Sometimes, missing a single required component could invalidate a will. To protect your last will and testament from future legal challenges when you're no longer available to state your wishes, you should make sure that the following elements for your will were present:
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.