Estate Planning & Elder Law

tennessee estate planning

Wills, Trusts, Probate, and Conservatorships

Estate planning and wills: We assist clients in drafting wills and trusts that protect their assets and property.

West-Tennessee-Area Attorney Providing Estate Planning Services Including Wills and Trusts

If you own property and valuable other assets, you need at least a basic estate plan — a will and perhaps a simple trust — to protect your assets in the event of your death or incapacity. Without it, all your hard work could be negated by estate taxes, probate costs, attorney’s fees, and even inheritance disputes.

Just as important, we update wills and trusts after spouses have passed away or other changes have happened in the family. In our probate practice, we often discover wills that were written years ago and fail to reflect enormous changes. We see wills that leave assets to deceased spouses or fail to reflect the birth of new children or grandchildren. It is important that a will be updated whenever there is a death of a spouse or a child, birth of a child, divorce, or remarriage.

We can help you secure your assets with a will and simple trusts and assist you with durable powers of attorney for your finances and medical decisions. If you are interested in writing your will, creating a trust, or updating your estate plan after a divorce, adoption, new marriage, or another change in your family, we can help.

Contact us today for a free initial phone consultation. We represent clients in Madison, Haywood, Crockett, Dyer, Gibson, Obion, Carroll, and Henderson counties and throughout West Tennessee.

Are You Prepared to Secure Your Assets and Protect Your Medical Choices?

We are always happy to help clients create and update their wills and create simple trusts.

We can help you with a durable power of attorney so someone has the power to handle your banking issues should you become ill or incapacitated. A health care power of attorney (often referred to as a medical power of attorney, a healthcare proxy, or a living will) allows a trusted person to handle any medical treatment issues on your behalf. When properly set up, these can prevent the future need for a conservatorship.

Our office will perform a detailed review of your estate plan and ensure your assets are disposed of appropriately in an updated will or trust.

A Simple Trust Can Protect Your Minor Child

After a divorce involving minor children, many clients wonder what would happen if they died and left their property to those children. Who would manage that property and make sure it was used for the children’s benefit?

If you die, your children’s other parent — your ex-spouse — is the most likely person to manage the property your children inherit from you. Since many clients are uncomfortable with that arrangement, we can help you set up a trust for that property so that a third party would be in charge of the assets.

The trust can be set up to be funded by life insurance proceeds or other assets and tailored to your family’s specific needs. We would be happy to discuss your options with you.

Protect Your Family with a Conservatorship

Obtaining conservatorship, known as a guardianship in other states, involves a legal proceeding to help and protect an adult individual (Ward) who, for mental or physical reasons cannot manage his or her personal or financial affairs. Conservatorships are most often used for aging relatives, but can also be appropriate for people suffering from temporary disabilities from illness or accident, as well as those who are physically, mentally, or emotionally unable to care for themselves and/or make decisions for themselves.

Qualified Income Trust (“Miller” Trust)

A Qualified Income Trust (QIT) is an irrevocable trust that can be used as a means to successfully apply for TennCare, Tennessee’s Medicaid managed care program that provides health coverage for low-income and disabled individuals. There is an “income cap” ($2,130.00 per month for 2013) that disqualifies Medicaid applicants with too much income. The QIT holds only the regular monthly income of an individual.

Contact Us

If you have questions about wills, powers of attorney, advanced medical directives, trusts, or conservatorships, contact us to schedule your initial phone consultation. We offer same-day, evening, and weekend appointments at our office, which is conveniently located in Humboldt, Tennessee. We charge reasonable rates and accept credit cards for our services.