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Posts tagged "Will Execution"

Tennessee basics on will creation

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:

What do I need to include in my will?

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:

6 considerations for a valid and legal will

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:

The primary reasons to contest a will

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:

The first 3 steps in a will contest

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?"

When is an oral will acceptable in Tennessee

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.

What's a holographic will?

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.

Remember these 3 essential estate planning elements

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.

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