Best Private Client Lawyers in Tennessee

About Private Client Law in Tennessee, United States

Private Client law in Tennessee covers a range of legal services tailored to individuals and families, often focused on personal wealth, estate planning, asset protection, elder law, trusts, probate, and related financial or family matters. Attorneys practicing in this field help clients manage their affairs, plan for the future, and navigate complexities that arise with wealth, incapacity, or passing. Tennessee laws provide a framework for everything from drafting wills and establishing trusts to probate proceedings and guardianship issues.

Why You May Need a Lawyer

There are several situations where seeking guidance from a private client lawyer in Tennessee is beneficial, such as:

• Drafting or updating your will or trust to reflect your wishes and ensure proper asset distribution
• Planning for incapacity with durable powers of attorney or advance healthcare directives
• Minimizing potential estate and inheritance taxes to maximize what your heirs receive
• Navigating the probate process when a loved one passes away
• Setting up guardianships or conservatorships for minor children or incapacitated adults
• Handling disputes among heirs or beneficiaries
• Protecting assets from creditors, lawsuits, or unforeseen events
• Guiding business owners through succession planning
• Addressing unique family situations, such as blended families or special needs dependents
• Ensuring charitable intentions are carried out through planned giving

Local Laws Overview

Tennessee’s approach to private client matters is shaped by both state statutes and local court rules. There are several aspects people should be aware of:

• Wills and Trusts: Tennessee recognizes written wills that meet specific requirements for validity, such as being signed by the testator and witnessed by two disinterested individuals. The state also allows various kinds of trusts, including revocable living trusts and testamentary trusts.
• Probate Process: The probate system in Tennessee involves filing the deceased person's will with the county court and following required procedures for estate administration. Small estates may qualify for a simplified process if they meet monetary thresholds set by state law.
• Estate and Inheritance Taxes: Tennessee phased out its state inheritance and estate tax after 2015, so only federal estate tax may apply, typically impacting only large estates.
• Powers of Attorney: Tennessee law provides for financial and healthcare powers of attorney, allowing you to designate agents who can act on your behalf if you become incapacitated.
• Guardianships and Conservatorships: When adults become unable to handle their own affairs, local courts may appoint a conservator. For minors without parents, guardianships can be established by court order.
• Recognition of Non-Probate Transfers: Tennessee recognizes payable-on-death accounts, transfer-on-death registrations, joint ownership with right of survivorship, and other arrangements which allow assets to pass outside the probate process.

Frequently Asked Questions

What is probate, and does every estate have to go through it in Tennessee?

Probate is the legal process of administering a person’s estate after they die. Not all estates need formal probate. If the estate is small or assets are jointly owned, transfer can often occur without full court involvement.

Can I write my own will in Tennessee?

Yes, Tennessee permits handwritten (holographic) wills if they are entirely in the testator’s handwriting and signed. However, professionally drafted wills are recommended for clarity and to avoid disputes.

Is there an estate or inheritance tax in Tennessee?

No, Tennessee no longer has an estate or inheritance tax for deaths occurring after January 1, 2016. However, large estates may still be subject to federal estate tax.

What happens if someone dies without a will in Tennessee?

When a person passes away without a will, Tennessee’s intestate succession laws determine who inherits their assets. Generally, the surviving spouse and children are first in line.

How can I protect assets from creditors or lawsuits?

Asset protection planning may involve tools such as irrevocable trusts, properly titling property, or gifting. Consulting with a private client attorney is crucial to ensure compliance with Tennessee law.

What is a power of attorney, and why is it important?

A power of attorney is a document that authorizes someone to act on your behalf for financial or healthcare matters if you become incapacitated. They are important for ensuring your affairs are managed even if you cannot do so yourself.

How do I set up a trust in Tennessee?

Trusts must be created following legal requirements. The trust document should outline the terms, beneficiaries, and trustee. A lawyer can help you select the right trust for your needs and handle setup.

Are living wills or advance directives recognized in Tennessee?

Yes, Tennessee law allows you to create advance directives for healthcare, specifying your wishes about medical treatment if you are unable to communicate them yourself.

What is a conservatorship, and when is it needed?

A conservatorship is a court-appointed relationship where someone manages the financial or personal affairs of an incapacitated adult. It is needed when there are no valid powers of attorney and someone is unable to care for themselves.

How do I contest a will or estate in Tennessee?

If you believe a will is invalid, you may contest it in probate court. Grounds for contest include lack of mental capacity, undue influence, or improper execution. Legal representation is strongly recommended in these matters.

Additional Resources

There are several reputable resources and organizations in Tennessee for those seeking information or help with private client law:

• Tennessee Bar Association - Offers legal information and lawyer referrals
• Local County Probate Courts - Provide forms and guidance for probate matters
• State of Tennessee Department of Human Services - Offers elder law and adult protective services
• Legal Aid Society of Middle Tennessee and the Cumberlands - Assists qualifying families with estate and elder law issues
• University Law Clinics - Some law schools offer help with estate planning to those in need

Next Steps

If you believe you need legal assistance in private client matters:

• Gather relevant documents such as wills, trusts, property deeds, financial statements, or medical directives
• Write down your questions or concerns, and consider your goals
• Contact a reputable private client attorney or legal aid organization in your area
• Schedule a consultation to discuss your needs and options
• Take notes during your legal meeting and ask for clear explanations
• Follow up as needed to implement planning, resolve disputes, or complete transactions

Timely and knowledgeable legal help can ensure your personal matters and family’s future are protected under Tennessee law.