Key Takeaways:
- A will does not avoid probate in Tennessee — it’s instructions written to a probate judge.
- A trust, unlike a will, is designed for private administration without court oversight.
- A Tennessee estate planning attorney can explain what a trust would add to your plan.
Ryan Alspaugh, Attorney at Linville Estate Law
In our office, we often meet people who feel a great sense of relief the moment they walk away from a firm with their estate plan. They have signed their papers, obtained a professional-looking binder, and checked planning off their to-do list. They believe they’ve done everything right.
But there is a hard truth we see too often: having documents isn’t the same thing as having a plan that works.
That’s what happened to our client, “Eleanor” (name changed for privacy). Eleanor came to us with an existing Will from when she lived in another state. After she moved to Tennessee, she came to us to get a new Will, updated with her current assets and state of residency.
Because she felt she did not have a lot of assets, she was convinced a simple Will was all she needed and declined our attorney’s advice to place her assets into a Trust.
Unfortunately, Eleanor passed away a few months after she signed her new Will with us.
Eleanor’s family came to us soon after looking for help with probate. Her Will did not prevent her assets from going through probate, and her family was left with a long process ahead of them.
Eleanor’s Will was valid, but it didn’t keep her family out of court. Here is why simply “having a Will” often falls short of the goal, and how you can help make sure your plan actually works when it matters most.
A Will is a “Ticket” to Probate, Not a Way Around It
One of the most common myths we hear is that having a Will avoids probate. In reality, a Will is essentially a set of instructions written to a probate judge. It tells the court who you want to be in charge and who should get your assets, but the court still has to oversee the entire process.
For Eleanor’s family, this meant that even though everyone knew what she wanted, they still had to wait for court dates and file public notices. If Eleanor had used a Trust instead of just a “quick Will,” her family could have handled everything privately and simply, rather than publicly in a courtroom over the course of many months.
“It was a painless process… I am so glad my family won’t have to deal with probate. And it is great to be able to ensure all of our intentions and financial information is in one place.” -Deb
Documents Alone Don’t Handle the Details
It’s not enough to just hand clients a stack of papers — a plan only works if you have a comprehensive plan and your assets — your bank accounts, your home, your investments — are actually coordinated with those documents.
In many cases, probate becomes necessary because a house was left in just the individual’s name, or a beneficiary designation was never updated. We believe “effective” means finishing what we start. A plan is only complete when your assets are titled correctly to help make sure they move where you intended, without needing a judge’s intervention.
Life Moves Faster Than Paperwork
Eleanor updated her Will from years prior, which was a good decision, and one that many people neglect. An estate plan cannot work if it is a “one and done” event from years prior. In the time between signing a plan and passing, families can grow, assets can change, and state laws can evolve.
If a plan hasn’t been reviewed or updated, it no longer reflects current reality. Planning isn’t a single moment in time; it’s an ongoing relationship. When your plan grows with you, it helps close the “gaps” that lead to family conflict and legal hurdles later on.
That’s why we have a program designed to help keep our clients’ plans updated through all of life’s changes.
Plans Built to Work. People Who Care.
Eleanor’s story is exactly why Trent Linville started Linville Estate Law. We’ve seen what happens when families are left without guidance, and we are passionate about making sure that doesn’t happen to you.
If you have “papers” but you aren’t sure if you have a plan that works, we’d love to help. We’ll look at your situation with empathy and honesty, helping make sure your legacy is protected and your family is spared the burden of probate.
“The service we received was professional, extremely knowledgeable, and most of all, sincerely compassionate… the integrity and customer service exceed all expectations.” -James
Book a Free Discovery Call Today.
*These are public client reviews and client stories, described in their own words or summarized by our firm. Clients have not been compensated for them. Results are not guaranteed and may vary by case.
