Death is an inevitable part of life. For some, it is unpleasant to consider, much less plan for. Perhaps this is why many surveys report that over one-half of all Americans have not created a will or have not updated their wills in years. But failing to create or update a will can cause unnecessary hardship and confusion for your family, loved ones, and any charitable causes that may be significant to us.
Do not cause your loved ones needless heartache: A will created with the assistance of an experienced and thoughtful Memphis estate-planning attorney can give you and those close to you a sense of security and comfort in the event you die, either expectedly or unexpectedly. The Tennessee Will preparation law firm of Douglass & Runger is here to assist you in completing this important yet often-neglected task.
Why Do I Need A Will In Tennessee?
When a person dies in Tennessee without a will, that person is said to have died intestate. The person’s assets, liabilities, and other personal affairs – his or her “estate” – go before the court in the jurisdiction in which the person dies so that the person’s assets can be divided and the person’s affairs wound up. When a person dies intestate, however, the court has no direction as to how the deceased intended for his or her affairs and business to be handled after his or her death. The court’s only option in this situation is to distribute the person’s assets in accordance with Tennessee law. Certain persons or causes that the deceased may have intended to provide a bequest to may be left with nothing.
Conversely, when a person dies in Tennessee, and that person has a valid will, the person is said to have died testate. The will provides the court with the necessary directions to handle the deceased’s estate as he or she wished for his or her estate to be managed. A will can tell the court:
- Who you want to administer your estate after your death (this person is called your “administrator” or “executor”);
- What persons or organizations should receive your assets, and in what amounts;
- Who should receive certain specific items of property you may have in your possession (such as a rare book collection or a family heirloom) and
- Who should be appointed as guardian for your children in the event that both you and the children’s other parent die while the children are minors?
Requirements For A Valid Will In Tennessee
Some self-help books and legal websites claim that they can assist you in preparing a will without the need to hire an attorney. However, a will that is not prepared and executed in accordance with Tennessee law is invalid and will not be followed by a court. The formalities that you must comply with are more than just perfunctory – instead, they provide the court, as well as your heirs and beneficiaries, assurances that the wishes, desires, and instructions expressed in the will are truly your own.
Contact A Memphis Will Preparation Attorney Today
If you do not have a will, it is important for you to have this important document prepared and in place in the event tragedy befalls you unexpectedly. If it has been years since you last saw or updated your will, you, too, could benefit from a review and modification of your will. In either event, trust the knowledgeable estate-planning lawyers at Douglass & Runger to help you protect yourself and your family.
