The Tennessee Default Plan: Why Your “Simple Will” Isn’t Enough

Key Takeaways:

  • Without a plan, Tennessee has default rules for distributing your assets — not necessarily your choice.
  • Tennessee probate typically is more lengthy and costly than the process of creating an estate plan
  • A Tennessee estate planning attorney can review whether a simple will is enough for you.

Trent Linville, Owner and Lead Attorney at Linville Estate Law

Many people believe that if they don’t have an estate plan, their spouse or children will simply “automatically” receive everything and things will work themselves out.

Unfortunately, in Tennessee, that’s rarely how it happens.

If you don’t create an estate plan, the State of Tennessee has already created one for you. We call it the Tennessee Default Plan.

The Reality of the Tennessee Default Plan

When someone passes away without a plan in place, their family doesn’t get to skip the legal hurdles. In fact, they’re forced into more of them.

In most cases, the estate must go through probate, a court-supervised legal process that distributes assets according to state law.

A Tennessee probate case take months or even years to close. During that time, it’s common for a family’s access to accounts and assets to be delayed or restricted while the process works its way through the court system.

And probate isn’t free. Between court costs, filing fees, and required legal notices, Tennessee probate can cost a family thousands of dollars. That’s a significant portion of your legacy going to administrative red tape instead of your children’s education, your spouse’s financial stability, or the future you hoped to provide.

“I am so glad my family won’t have to deal with probate. It is great to ensure all of our intentions and financial information are in one place.” -Deb

Replacing the Default Plan With Your Own

The core estate plan we help families create is designed to act as a safety net against the Tennessee Default Plan.

Each piece plays an important role:

  • Your Will provides the foundation of your plan.
  • Guardianship nominations allow you to choose who would raise your children.
  • Powers of Attorney and a Living Will help make sure you still have a voice if you cannot speak for yourself, and allow you to choose people you trust to make decisions.
  • A Revocable Living Trust can allow your estate to bypass probate entirely, helping your family avoid a year-long court process and thousands of dollars in costs.
  • Trust funding helps make sure your plan actually works the way it was designed.

“Their conversation was thorough and insightful and gave us complete confidence in moving forward.” – Patrick

Don’t Leave Your Family With the Default

You’ve worked too hard to let the state’s default rules decide your family’s future. A thoughtful estate plan replaces Tennessee’s default system with one that reflects your heart and your values.

“To have this law firm in our corner allows us to sleep at night.” – Pamela

If you’re ready to put your family’s safety net in place, schedule a FREE discovery call with our team to get started.

These are public client reviews. Clients have not been compensated for them. Results are not guaranteed and may vary by case.

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Trent Linville

Like many other attorneys, Trent’s desire to practice law came from reading about Atticus Finch in his 7th grade English class at Battle Ground Academy. He simply wanted to be able to help and counsel people to protect what matters most to them. More than a decade of estate planning experience has enabled him to learn what is most important to his clients and then tailor the right solutions for each and every situation. In addition to advocating for his clients, Trent serves on the Board of Mayor and Aldermen in Spring Hill. He is passionate about making Spring Hill a better place to live, work, and raise a family. You'll also find him cheering on the Tennessee Volunteers in any sport, enjoying a good bottle of bourbon, and spending time with his family. Education: Belmont University College of Law Juris Doctor, 2014 University of Tennessee B.A., 2011 Activities and Affiliations: Tennessee Bar Association Williamson County Bar Association WealthCounsel and ElderCounsel Member Board of Mayor and Aldermen - Spring Hill, TN
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