Will Writing Service in Tennessee

When a person leaves a last will and testament, it details how their assets will be distributed following their passing. When a person passes away “intestate,” which means they did not leave a will, the responsibility of distributing their assets is determined by intestacy laws. Where you choose to leave the distribution of your inheritance to the process of intestate succession, certain individuals may inherit from you despite your wishes. 

Since the will conveys your intentions, it minimizes the likelihood of family conflicts. This is because people are more likely to accept your wishes when they are expressed in the will. Additionally, you can provide for your young children and pets by establishing a trust and appointing a guardian. It is additionally important to remember that you can choose your executor via a will. This individual will ensure that your estate is divided per your preferences.

How Much Does It Cost to Write a Will in Tennessee?

Wills prepared by an attorney in Tennessee typically cost between $300 and $1,000. However, you can buy do-it-yourself (DIY) kits for as little as $10.

Can I Write a Will Without a Lawyer in Tennessee?

Yes, you can write a will without a lawyer in Tennessee. Engaging the services of a lawyer is not obligatory for the creation of your will, but lawyers have the expertise to navigate typical obstacles and prospective legal conflicts. Should you have any questions on how to make a will in Tennessee, do not hesitate to contact us.

Is It Legal to Write Your Own Will in Tennessee?

Yes, it is legal to write your own will in Tennessee. Once you know the assets you own and your intended beneficiaries, you can begin to delve into how to write a will in Tennessee.

Does a Will in Tennessee Need to be Notarized?

No, a will in Tennessee does not need to be notarized. Although notarization is not required per Tennessee will laws, it is recommended because it provides additional evidential support and can ease the probate process. Notarization eliminates the need for the probate court to call upon witnesses to verify the legal validity of the will.

Do I Need a Lawyer to Make a Will in Tennessee?

No, you do not need a lawyer to make a will in Tennessee. While a lawyer is not required to make a will in Tennessee, it is wise to use one, mainly when dealing with complicated estates.  

Do I Need a Lawyer to File a Will in Tennessee?

No, you do not need a lawyer to file a will in Tennessee. Typically, an individual is entitled to act as their legal representative in legal procedures. Nevertheless, this is not recommended. Individuals who choose to represent themselves assume a significant risk since the legal processes can be complex, and an individual who acts as their legal representative is subject to the exact expectations and requirements of a professional lawyer.

Are Online Wills Legal in Tennessee?

Yes, online wills are legal in Tennessee as long as they fulfill the prerequisites of having a valid will.

How to Include Digital Assets in a Tennessee Will

To include digital assets in a Tennessee will, it is crucial to identify the intended beneficiaries who will receive ownership of each digital asset, regardless of whether the asset is in a trust. Furthermore, it is essential to delineate the requisite protocols for authorized personnel to access these digital assets. This may entail providing instructions on the whereabouts of particular files or creating a list of usernames and passwords needed to access online accounts.

How to Disinherit Someone in a Tennessee Will

Excluding someone from your will is a straightforward method to disinherit them. Nevertheless, to guarantee the exclusion of an individual from your will, it is recommended to disinherit them explicitly by clearly expressing your intention to exclude them from your will. 

You are under no obligation to give your spouse anything in your will. However, your spouse has the option to make an election against your probate estate if you do not leave them a gift of a qualifying amount. The percentage of the elective share ranges from 10% to 40%, based on the marriage’s duration. Non-probate assets are not subject to the elective share by the surviving spouse. Your estate would be immune from an elective share claim by the survivor spouse if the said spouse waives their right of election in a pre-or post-nuptial agreement.

In Tennessee, parents have the legal right to disinherit their children. Nevertheless, if you intend to do so, it is advisable to explicitly declare in your will that you are excluding them from inheriting your assets. Alternatively, your child may contest the will and persuade the court that you unintentionally omitted them.

How to Handle Debts and Liabilities in a Tennessee Will

During the probate procedure, it is necessary to resolve any legitimate financial obligations and claims against the estate before distributing any assets to the heirs or beneficiaries. Executor notices to creditors are required by law in Tennessee to be published in a local newspaper within thirty days after their appointment. Anyone with a claim against the estate can submit their claim using this notification. Generally, creditors are given four months after the notice is published to submit their claims. The executor must examine these claims and determine their validity. Legal action may be necessary to settle disagreements over a claim’s merits. Creditors might ask the probate court to approve claims that the executor denies.

How to Provide for Minor Children in a Tennessee Will

To provide for minor children in a Tennessee will, you need to incorporate:

1. A guardian. A guardian is the individual who will be responsible for the welfare and protection of the minor. Where you have selected a guardian, the court will respect your decision unless there are exceptional circumstances.
2. A trust. By forming a trust, you may establish the conditions under which your assets will be managed for the benefit of your minor children. Some examples of such trusts include a revocable living trust or testamentary trust.

How to Store Your Tennessee Will Safely

To store your Tennessee will safely, it must be securely preserved in a location that can be easily accessed by the relevant individuals at the right moment while being safeguarded from any potential harm or deterioration. There is no optimal storage site for a will; the ideal location should balance security and accessibility. Where the storage location of your will is secure but not easily accessible to the relevant parties throughout the probate process, your estate will be allocated per the principles of intestate succession since your will is not available. Common locations for storing Will include legal offices, courts, safe deposit boxes, and executors.

How to Contest a Will in Tennessee

To contest a will, one must submit a petition to the court outlining the reasons for contesting the will. In Tennessee, like in other states, only specific persons possess the authority to contest a will, specifically, a beneficiary or an individual who would have been entitled to inherit according to intestacy law. To challenge a will in Tennessee, asserting and eventually substantiating particular legal reasons upon which the will may be invalidated is necessary. In Tennessee, a will can be deemed invalid if one of the following conditions is met: the testator does not possess the testamentary capacity to make a legal will; there is fraud, incorrect execution, undue influence, or issues with the revocation of the will. Where the challenge succeeds in having the will declared invalid, the estate will be handled as an intestate estate.

What are No-Contest Clauses in Tennessee Wills?

A no-contest clause, additionally called an in terrorem clause, is a provision included in a legal document, such as a will or trust, to dissuade others from challenging its validity. Including a no-contest clause provides a safeguard that ensures that if a court challenge proves unsuccessful, the individual involved will not get any inheritance whatsoever.

What is the Difference between Probate in Tennessee and Indiana?

A major difference between probate in Tennessee and Indiana is that in Tennessee, the term “small estate” refers to an estate when the total worth of the assets does not surpass $50,000, while in Indiana, the estate should have a cumulative worth of $100,000 or below. Contact us for will writing service in Indiana. We offer the best services regarding will writing in Indiana.

How to Handle Foreign Property in a Tennessee Will

To handle foreign property in a Tennessee will, an ancillary probate action will be required in each foreign jurisdiction where the decedent owns the property. Foreign jurisdictions may adhere to the country’s laws where the will was drafted. However, it is crucial to adhere to the regulations of the foreign jurisdiction and engage a local attorney to facilitate the probate process.

How to Make a Will for Same-Sex Couples in Tennessee

When delving into how to write a will in Tennessee for same-sex couples, ensure you consider the obstacles they encounter, including legal acknowledgment, inheritance entitlements, and parenting rights. This is because even though the Supreme Court of the United States mandated in 2015, that states must recognize same-sex marriage, the intricate legal environment, which includes various laws before 2015, along with the increased likelihood of family estrangement, requires careful consideration when it comes to estate planning for same-sex couples. The question of how to make a will in Tennessee may seem complex, especially for same-sex couples. At LegalPen, we aim to demystify any challenges you might face, making the process easier.

How to Plan for Pet Care in Your Tennessee Will

To plan for pet care in your Tennessee Will, consider the following:

1. Including a provision for bequeathing your pet in your will. Your pet is legally classified as personal property. Consequently, your pet will be transferred to your beneficiaries or heirs like any other asset.
2. Creating a pet trust. Tennessee recognizes the creation of animal trusts, sometimes called pet trusts. Establishing a pet trust enables you to ensure the ongoing welfare of your animal. When entrusting your pet, it is advisable to designate one individual to oversee the management of the trust money and another individual to provide care for the pet. The two people appointed in this capacity can ensure each other’s accountability and guarantee the best possible treatment for the pet and the correct administration of the trust assets.

How to Handle Business Succession in a Tennessee Will

You can pass your business to your heirs by setting up a living trust or including it in your will, but the latter option is preferred since it avoids probate procedures. You can leave your business to your heirs if you run it as a sole proprietorship. However, if you’re a co-owner or partner, there are more things to think about, such as how much your share is worth and whether you want to sell it or transfer ownership. The will should allow for the smooth transfer of ownership.

How to Handle Out-Of-State Property in a Tennessee Will

An executor can seek ancillary probate, a separate probate process if the estate includes out-of-state property. Since the court presiding over the initial probate process lacks jurisdiction over assets located outside the state, this method is designed to address properties located outside the state.

What is the Difference between Holographic Wills and Statutory Wills in Tennessee

No statutory will exists in the state of Tennessee. In Tennessee, holographic wills, additionally called handwritten wills, are legally binding. A holographic will can only be legal if the testator is at least 18 years old, the will is entirely handwritten, and the testator’s signature is required. In a simple will, the testator must have two witnesses present when they sign the will, but a holographic will does not necessitate the presence of witnesses. Two witnesses must authenticate that the testator penned the will for holographic wills.