If your loved one recently died, and you feel that the will on file was not an accurate reflection of his or her wishes, you might want to investigate whether the document is legally valid. There are a number of circumstances in which a will can be challenged. If you're planning to challenge or defend a will, or if you're currently drafting a new will, you might want to familiarize yourself with the circumstances under which a will may be contested in court.
Tennessee residents who are drafting their will need to choose a person to serve as the executor of their estates after they die. In most cases, people will select a trusted family member to fulfill the role of executor, but not everyone will be able to trust a family member with this role. How should you go about making sure that you're picking the right person to be the executor of your estate?
Whenever you draft your will without the help of an attorney, you run the risk of problems later on down the road. In the worst cases, the will gets challenged after you die by a disgruntled family member, and it gets completely nullified. This is an outcome you definitely want to avoid.
Many people keep things simple when choosing an executor for their estate: They just go with a family member. In a lot of cases, it's actually ideal to use your spouse. After all, your spouse is the one who will see the most dramatic financial changes after you pass away, and he or she has the most invested in the estate with you. Giving the power to determine how assets are divided to anyone else may even offend your spouse.
As estate planning and probate attorneys, we know how hard it is to lose someone you love. Most of us experience overwhelming feelings of grief and loss that can last a long time. We also realize that an unsatisfactory or disappointing final will can add to the stress people feel after a family death.
For Tennessee residents alive today, there has never been more access to information. It is now possible to go online and gain an overwhelming volume of information on virtually every topic. This is an exciting and exhilarating time, but it is also important to keep in mind that the internet cannot replace the skills and training of a legal professional. When it comes to creating one's will, old-fashioned face-to-face communication can yield a better result than online resources.
When people in Tennessee begin to consider the distribution of their estates, they may think the easiest thing to do is to divide their assets evenly among their beneficiaries. While this approach may simplify the process for the individual or couple making the plan, it may actually complicate the lives of the beneficiaries. There are some family situations that require more careful thought when making decisions concerning a will or trust.
As the Baby Boomer generation continues to age, an estimated 3.5 million Boomers will enter retirement each year, in Tennessee and across the nation. As those individuals grow older, their personal needs will shift and change. In many cases, the provisions laid out within their will and other estate planning documents will also need to evolve. Nowhere is this more true than in regard to the designation of personal agents to handle health and financial decisions.
One aspect of estate planning that is often overlooked involves setting aside provisions to ensure that an individual is properly cared for as he or she ages. Many people will require some form of assisted living care as they move through the later stages of life. Having long-term care insurance in place can help ensure that such coverage can be obtained if and when the need should arise. Many Tennessee residents do not think about including a power of attorney authorization in conjunction with long-term care insurance, but doing so is a savvy planning choice.
Many of us don't go far without our cellphones. As a matter of fact, you could be reading this blog post on your phone right now. Without these little devices, we wouldn't be able to text, check our email, take photos or read the news nearly as quickly or easily.