Estate Planning & Conservatorships
During the planning process our Davidson County estate planning lawyers work with our clients to help them understand and make decisions related to:
- The importance of having a properly drafted and executed Last Will & Testament;
- Use of trusts and other estate planning strategies in the context of applying for TennCare;
- Special needs planning for a minor or adult family member;
- Durable powers of attorney for finances and healthcare;
- Living Wills or other advance directives;
- Asset preservation using one or more of the approved spend down strategies that can be used to expedite the process of qualifying for long term care benefits;
- Guardianships including the selection and appointment of a legal guardian;
- Probate proceedings; and
- Conservatorships for elderly or disabled individuals.
A Last Will and Testament is a legal instrument declarative of a person’s intention to be performed after his or her death with respect to the disposition of his or her property, including both real and personal property, a preference for the guardianship of his or her minor children, or the administration of the individual’s estate. Under Tennessee law, any person of sound mind (which is statutorily defined) and at least 18 years of age is capable of making a Will.
Tennessee recognizes three types of Wills:
- Attested Wills – This is the most common type of Will. This is a formal typed Will that our attorneys would draft for you based on your particular needs and desires at the time of your death. (T.C.A. §32-1-104)
- Holographic Will – The Will and signature are entirely in the handwriting of the Testator. (T.C.A. §32-1-105)
- Nuncupative Will – an Oral Will. (T.C.A. §32-1-106)
As you might imagine, an Attested Will ensures your desires are carried out at the time of your death. Tennessee law requires specific statutory standards and guidelines for a Last Will and Testament to be deemed valid and properly executed. Our attorneys are knowledgeable and up-to-date with Tennessee law to ensure your Will is validly executed so that you can remain confident your estate will be distributed as you desire.
Freeman & Bracey, PLC desires for our clients to obtain the highest quality of life they can while conserving their hard earned money, protecting and making sure that financial and caregiving burdens are minimized for their family members.
Our Davidson County estate planning attorneys work with our clients and their family to implement a comprehensive plan designed to provide the best quality of care regardless of the setting, secure financial independence of a well spouse, increase the potential of leaving an inheritance, and assure that final wishes are carried out per their direction.
Our firm’s expertise in the process of estate planning helps reduce the anxiety that often accompanies the issues family members experience when faced with the daunting task of navigating blended families, minor children and asset preservation. And, through proper planning, client education, decision making support, and development of a variety of legal documents, our firm’s estate planning services give our clients peace of mind during one of life’s most challenging times.