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Can I create my will myself?

Tennessee law permits you to write your own will. Some people choose to handwrite theirs. Online services are another popular way to create a Will and other important documents inexpensively. As long as the Will meets the legal requirements, it is  likely to be admitted to probate court in Tennessee. 

However, just because you can do something doesn’t mean you should. Believe me, I love a bargain too- it can be really tempting to find a low cost option for something that is expensive and, well, a little scary.  Most people have never met with an attorney before and the idea is intimidating. It’s understandable. 

However, a fellow probate attorney once said “online services are a probate lawyer’s best friend.” This is the prevailing thought among probate attorneys, because we see so many Wills that were not prepared by attorneys, and ultimately end up costing the family more in court costs than it would have cost to meet with an attorney and prepare the Will and other important documents. 

I like to compare it to pest control. You know that if termites invade your house, it will end up costing tens of thousands of dollars to repair the structural damage they can cause. Would you prefer to pay $150 per year up front to prevent an infestation, or let them do the damage and then pay to fix it? 

So let’s look at some of the issues that cause self-created Wills to have problems when we go to court. Here are some of the main pitfalls that we see with DIY wills: 

1. Improperly Executed

Unless you have legal training specific to estate law, you may not be familiar with the exact requirements of the type of document you are trying to create. Tennessee law provides for several types of Wills, and each of them have different requirements for signing. Some of them will require witnesses to come to court, which you may want to avoid. Fun fact: No Tennessee law requires a Will to be notarized. Guessing you didn’t know that! 

2. Improper use or misunderstanding of terms

A Will uses a lot of terms that we don’t use in everyday life. These words are used to communicate information to the Judge when the Will is probated. However, if you are writing your own Will or using a form, you may not know the effect that these words have in practice.  While our attorneys try to use more commonplace language when writing Wills, we need to be able to get your point across.  Words like “fiduciary,” “per stirpes,” “per capita,” “ademption,” and “executrix” are not terms we use, but as experienced estate planning and probate attorneys, we know how to use them correctly to carry out the plan you have in mind. In DIY documents, you may ignore terms that you don’t understand that seem to be boilerplate, or may not fully understand the effect that they will have when your plan is carried out. 

3. Missing essential elements

I’ll never forget the day that I had to tell someone that they were unable to help their parent because the Power of Attorney that had been created online did not give them authority to do what needed to be done. I wanted to help, but my hands were tied. In another situation, someone hand wrote their Will but left out an essential part.  Because we didn’t have any specific instructions from the Will, we had to go to Court multiple times for Court approval to do things that we were pretty sure they wanted. Those court hearings cost the estate more money than it would have to have an attorney help with the original Will. 

4. No contingency plan

One of my least favorite things to do is talk to parents about contingency plans. Usually this means asking who would inherit from you if your children died before you did. No one wants to even think about that. But for estate planning purposes, it’s very important to always have a back up plan. We hope for the best and plan for the worst. And that means discussing uncomfortable things. 

5. Plans that are not logistically sound

In a social setting one time, someone mentioned to me that they had created their Will online. They were open to sharing about the experience and mentioned that they had named their parents as their beneficiaries in their Will.  There’s nothing wrong with this, but it requires some additional thinking through things.  Parents are older than their children, and in most situations the children will outlive the parents.  At Graceful Aging Legal Services, PLLC, we want to help you create a plan that needs to be reviewed but hopefully requires few revisions except at big transitions in your life. If you pass away without making changes, we want your planning to go the extra mile for you.  Let’s say that you name your parents as beneficiaries of your Will, but no back up beneficiaries. You figure you can update it later- but never get around to it. Eventually you pass with no named beneficiaries, which defeats the purpose of making a Will.  An experienced estate planning attorney can help you avoid situations like this and worse. 

6. No probate-avoidance planning

Another thing people are confused about is thinking that a Will helps avoid probate. It doesn’t. The purpose of a Will is for a probate court to know what you want when you die so they can carry out your wishes. In a meeting with a good estate planning attorney, you will talk about your goals for your assets when you die and create a plan. Oftentimes we are able to guide clients how to avoid probate.  One of my favorite things is when someone comes to us for probate and we are able to tell them that good planning means that they don’t need to go to court. 

7. Validate of the Will is easier to challenge

Although having options to create a Will yourself may be beneficial to some, it also creates opportunity for bad actors- or the perception that people are acting with impure motives. Imagine a scenario where your neighbor asks you to draft a will off the internet for them to sign. You may be called into Court to testify about how the Will was created, your neighbors medical condition at the time the Will was created, to what extent you helped, and if you inherited anything you’ll be looked at with additional scrutiny.  Having a lawyer involved not only protects the Will and the Will-maker, but also the family and friends involved. We know how to prevent claims of undue influence and ensure the Will document is valid. 

When you write your own Will, you don’t know what mistakes you might make.  Unfortunately, by the time the Will is submitted to probate, you won’t be around to make clarifications. The Court will have to go by what is written in the Will. Your family will be stuck with what you wrote, or risk the Court finding that your Will is invalid and throwing out all of the work you did to create it in the first place. If your family thinks that you didn’t mean what you wrote, they will have to pay additional costs to help the Court figure out what you meant.  When that happens,  lawyers get more of your money and your family gets less. 

We prefer to work with families who get along, and are on the same page when it comes to their loved one’s estate. It makes the probate process (if there is one), easier both emotionally and financially.  We don’t like to make money correcting mistakes or with families who have been left in a difficult position. If you find yourself in this situation, we’re happy to help but we’d much prefer that you not be there in the first place.

If you have an online will or were thinking about it, sign up here for our virtual estate planning challenge to think through all of the things you need before you even meet with an attorney. 

Ten New Holiday Traditions for After the Loss of a Loved One

Ten Holiday Traditions to Consider when a loved one dies

When your family adds members, like a new baby or newlywed couple, the holidays can be more joyous than ever. Of course, the flip side of that is that when your family loses someone, the holiday season can become a painful reminder of their absence. 

I am very fortunate to still have both of my parents around, and until recently, my husband did too.  Doing the work that I do, I’m always cognizant that our loved ones won’t always be around. However, when my mother-in-law passed unexpectedly this year, it threw a lot of our plans into chaos. 

We had holiday traditions that will be difficult to carry on, and so I’m thinking about how we can continue existing traditions while acknowledging our loss, or create new traditions that honor the time we enjoyed with her.

Here are a few options that I’ve come up with to explore this year, and as the years go on.  

  1. Go to their favorite places.

My mother-in-law, Lynn, had very eclectic tastes. She loved art museums, coffee shops, bookstores, and any place that had locally made crafts. She is the one who created my candle obsession through various gifts over the years. This year a couple of new places have opened in our neighborhood that I know she would have loved, as well as places that she and I went together that I will probably visit again.

  1. Wear their favorite colors/styles. 

Normally when we think of attending a funeral, we think of people wearing black. I’ll never forget reading Their Eyes Were Watching God by Zora Neale Hurston in high school, where the main character wears her husband’s favorite color when he dies.   Although I had no clue the toll death can take at that time of my life, thought it was a lovely way to honor him and their relationship.

If you were fortunate to inherit some clothes from your loved one, the holidays may be a good time to take them out.  Smell them. Do they still smell like your loved one who has died? Isn’t that wonderful to be able to smell them again?

         My grandfather died while I was in law school. One of my favorite things that we did together was take walks. He took a walk every day and had a coat rack full of sweaters, coats, and flannel shirts for anyone who wanted to walk with him if the weather was cool. When he passed away, I was able to get a few of the cardigans from his hall tree. They no longer smell like him, but I can’t wear them without remembering all the walks we went on and the ways that those walks helped shape our family.

  1. Make their favorite recipes or eat at their favorite restaurant.

My mother in law loved Chef’s Market in Goodlettsville. It’s where she chose for our rehearsal dinner, and where we got take out from almost every Christmas Eve.  While we may skip Chef’s Market for the holidays this year, I’m going to suggest we start going there on her birthday each year.

  1. Share stories about them. What was their favorite thing about the holidays?

Did they love going to the movies after opening presents? Were they a wonderful or horrible gift giver?  The holidays are a wonderful opportunity to share memories that were made over the years.  

  1. Donate to their favorite nonprofit or help someone they loved.

Helping others is always a great way to think outside of yourself for a while.  Maybe you set up a re-curring donation to a cause they cared about or find a few days to volunteer for an organization stuffing envelopes or making calls.

Even if you don’t have a lot of time or money, you can find a way to be helpful.  If you use Amazon, you can make your purchases through their Amazon Smile website instead and they will donate a portion of your purchase to the charity of your choice.  Kroger has a similar program that is tied to your Kroger Plus account.

  1. Visit their grave, memorial, or a place they love. Don’t be afraid to talk to them. Give them an update on what has happened through the year. 

I know this may seem silly to some people. But in all likelhood there were some things you shared with your deceased loved one that might not be as appreciated by anyone else. Maybe you heard a joke that you know would crack them up, or want to make sure they are caught up on the family goings-on. You can say things out loud, or just think them (like a prayer) but having a way to continue the relationship that was so important while they were living is so comforting.

  1. Save a place for them at the table. Consider putting their picture at their place instead of a place setting.

Just because someone isn’t with us physically at the holidays, chances are that they had an impact on how you celebrate.  Find physical space for your loved on in your holiday celebrations. 

  1. Read their favorite book out loud. 

In Iceland there is a tradition of getting books as gifts on Christmas Eve. Then the family cozies up with their book and hot chocolate for an evening of reading. I think it’s a lovely tradition.  Since Christmas Eve was the part of the holiday that we spent with my in-laws, I might suggest that we adjust this tradition to read her favorite book and drink tea instead.  It’s Tolkien, so we won’t finish, but maybe we’ll put it back on the shelf until next year.

  1. Look through photos of them and favorite memories. 

Even though your loved one is no longer with you, hopefully they weren’t camera shy.  Many families now create photo slide shows for memorial services, and the holidays might be a good time to pull that back up on your computer, go through the photos one by one, and talk about the events happening when the picture was taken.  I bet you’ll learn a few things about your loved one, and get to share some things too!

  • 10. Make a toast to their influence on your life, using their favorite drink. 

Whether your loved one preferred champagne, eggnog, or Coca-Cola, the holidays seem like the perfect time to raise a glass in their honor. Toast to the immaterial things they left you. Did your son inherit their sense of humor? Your granddaughter has their love of science?  They are a piece of you, so now is a great time to honor them.  

The people we love don’t leave us when they pass away, and there’s no reason we should try to leave them behind during the most cherished parts of our lives.

What Is A Death Doula?

Guest Author Ellen Abbott

As we approach Halloween and Día de los Muertos, it seemed appropriate to get a little more matter-of-fact about deathcare resources. One end-of-life resource that we want to highlight is the option of engaging a “death doula” for those who are facing the end of their lives. 

Our guest blogger this week is Ellen Abbott. We met Ellen in her role as Care Manager for Visionary Care Consultants but soon learned that we shared an interest in helping people through some of the most difficult transitions of life.  Ellen completed her certification as a death doula in 2019, so we asked her to tell us more about what a death doula is and how they serve those at the end of their lives. 

Contact Ellen at ellen.abbott615@gmail.com or check out her website if you’d like to learn more about death doulas.

The W’s of Death Doulas

You may have heard recently about a “death doula” or an “end of life doula” and wondered who they are and what do they do? As a death doula myself, I’m happy to tell you! 

What is a death doula?. We use midwives to educate and assist families to help bring babies into the world, why not have the same for those who are towards the end of their journey here? 

There is a growing movement among end-of-life professionals in the United States to bring back the role of a non-medical person who stands in the gap between doctors, hospice, and the family of a dying loved one. This person guides the family and the client around the maze of the healthcare system, educates on hospice, offers practical information about death and provides emotional support around the entire process. 

Who do death doulas serve?

A death doula serves the dying person as well as their loved ones. The goal of a death doula is to make sure that their client’s final wishes and needs are carried out before, during and after their death. This creates a healing and easier transition for the client and family. 

When should a death doula be called?

You don’t have to have a terminal diagnosis to hire a death doula. There are some doulas who focus on helping their clients plan so that they know what they want at the end of life, and instructions on what the family needs to know to carry out those wishes. This is extremely helpful to the family and client since the topic of death and final wishes are not popular conversations in today’s world. 

How do death doulas charge for their services?

Every death doula is different. Most offer free consultations and then an hourly rate of anywhere from $30-$100 an hour. Some offer packages for legacy planning along with being present for the client at the time of death. In middle Tennessee there is a Death Doula alliance, made up of local doulas that have been trained specifically for this role. They come from all backgrounds but usually from nursing, social work, counseling or clergy. 

Over the last century, death has been viewed as a medical failure even though we all know one day we will die. A death doula helps to normalize these conversations and talk about these topics that no one wants to bring up. The death doula starts with the end in mind, to ease client’s fears, knowing they have a plan and someone at their side when the time comes.

How will the Dobbs Decision Impact Estate Planning in Tennessee?

How will the Dobbs Decision Impact Estate Planning in Tennessee?

After the US Supreme Court issued its decision in Dobbs on June 24, 2022, women’s equality and reproductive freedom were completely diminished by the state of Tennessee. How does the Dobbs decision impact estate planning? Here are some questions to consider: 

Question: Will children born outside of my marriage have a claim to my estate?

Our opinion: Yes. Tennessee law dictates that Minors inherit from their parent’s estate.

How would a forced pregnancy affect a man who did not intend to become a parent? 

We are not family law attorneys, and if you become aware of a pregnancy by a previous sexual partner, we encourage you to speak to an experienced family law attorney to discuss your options. Please keep in mind that many issues related to child support, pregnancy, and parental rights will be subject to new interpretations of the law under Dobbs.  

However, there are laws in Tennessee that protect minor children from being disinherited by their parents.

For example, if a man dies, all of his minor children are able to inherit from him. While he can disinherit unknown, nonmarital adult children through his will, he cannot disinherit minors, even if he has a Will

So let’s say a man lives in Tennessee and gets a sexual partner pregnant. If he dies while the child is a minor, the mother can petition (on behalf of the child) for a share of the estate. She will have to prove paternity but the child can be acknowledged in multiple ways. This includes communications with the father or testing the paternity via the DNA of the father or his other children. 

Yes, you can be proven a father even after you are dead. It doesn’t matter if this child is born before or after the children of your current marriage or relationship- if they are under 18 when you die, they can ask the Court for a share of whatever you left behind. 

Question: What is the impact of Dobbs on Estate Planning for those who expect to need fertility treatments?

Our opinion: We don’t know yet. 

This is a really tricky area. My best guess is that matters related to artificial reproductive technologies (ART) will be legislated faster than before. We will know more about the impacts on individuals and families as matters work their way through the courts.

As your Estate Planning Attorney I will recommend that we plan for everything, including unborn children

If you’ve ever made an estate plan with an experienced estate planning attorney, you’ll know that we ask some pretty personal questions about your family planning.  

That’s because we usually try to make our plans flexible enough so that future children can be included without needing to pay an attorney to update your Will or Trust. However, we will probably need to update documents more frequently given recent changes to the law. 

Additionally, we will want to make sure that we try to be specific enough in our drafting to disinherit unplanned offspring from outside of relationships. The same goes for any previously frozen biological material that could potentially grow into a fetus. Yet another impact of Dobbs on estate planning to consider!

As fetal cells attain more rights, estate administration may become more difficult

As cells are legislated to have rights of their own, it will become more difficult to administer estates.  For example, let’s say that a man dies after having frozen embryos with his ex-wife. By many state laws, those are now “children” under the legal definition. It would not be unfair for the ex-wife to say she is the mother of children who outlive him and should inherit his estate. If at some point those children were implanted-whether in the ex-wife or someone else- they would have needs as they grew older and the father’s assets could pass to them.  However, it’s more likely that these cells would never be implanted or may be implanted but not be carried to term, at which point, who inherits from the embryo? 

Question: What else should we be thinking about? 

Our opinion:  A lot of things will need to go through the Courts before we have final answers. In the meantime, here are some things I expect:

  • Higher insurance premiums
  • Higher medical bills
  • Fewer OB/GYNs
  • Fewer fertility clinics
  • More single fathers. 
  • Push to create a biological/DNA database to track parents/putative parents. 
  • Doctors will be unwilling or unable to provide appropriate medical treatment for women undergoing miscarriages. This will make undergoing fertility treatments especially dangerous if you have had problems carrying a pregnancy to term. 
  • By effectively creating a system where there are two patients in one body, the law in many states now creates a conflict in the standard of care. The doctor will not be able to take direction from the pregnant person. This will cause more lawsuits against fertility specialists and other OB/GYNs. More lawsuits mean higher malpractice rates, which mean even higher costs for patients.  
  • Many surrogates will no longer be willing to help couples create families. 
  • Frozen embryos will no longer be intentionally destroyed.
  • Fertility clinics may become unwilling to create embryos for future use if they will be unable to destroy the biological material. 
  • Many more babies will be available for adoption. So will older children. 
  • Fewer women will consider using ART, because the inherent risks of pregnancy will no longer be treatable. 
  • There will be fewer medical advances for difficult pregnancies due to women choosing not to have children. 
  • Young adults will begin long-term contraception at earlier ages. 

These are just some things I’m considering as we enter this new legal landscape. 

In conclusion

The implications of the Dobbs decision is completely unknown. However, we do know that it will have a huge impact on Estate Planning. If you’re looking for an attorney in Nashville who can create a thorough will, look no further. Attorney April Harris Jackson will consider everything, including the implications of Dobss on family planning.

Every College Student Needs These Legal Documents

Every College Student Needs These Legal Documents

The stress of leaving home and becoming an adult can be difficult for anyone. It is especially tough for college students and young adults who have to face the uncertainty of their future. They have to support themselves and are going to gain the power to make decisions on their own, for better or worse.  However, there are a few legal documents that they can get to make the transition easier.

TLDR;

Every college student needs powers of attorney for finances, powers of attorney for medical decisions, and an advance directive for healthcare. They should also fill out a FERPA waiver so that a parent or other trusted adult can access their student records (if needed). Not only are these documents practical in getting help with the big stuff, but they are a great lesson in what “adulting” is all about. 

What is a “Power of Attorney” or POA?

A power of attorney is a legal document in which the principal (the person granting the power of attorney) grants another person (the agent) the power to act on their behalf. For example, an agent could help the principal make and carry out decisions about the student’s finances, health care, and other important matters.

In most cases, we create two types of powers of attorney- one for financial issues and one for medical issues. It is important to note that the college student needs to be the one who initiates and discusses their powers of attorney with a lawyer. A parent cannot create a power of attorney document for their child.

How to choose the best agent for powers of attorney

For most young adults, the parents are the trusted partners in making important decisions. Therefore choosing a parent as an agent for power of attorney makes sense for a college student. However, it’s important that the individual assigning the powers choose what is best for their situation. Here are some things to consider:

For medical powers of attorney – choose an agent who will be able to carry out the principal’s wishes

A college student should choose an agent who will be able to make medical decisions according to their personal preferences. Who do they want to have to communicate with the hospital in an emergency? Does that person support their values and would they be able to carry them out in the event of a difficult decision? 

For example, when I was in my late 20s and in law school I prepared my first advance directive. When I tried to have a conversation with my parents about what I wanted for end-of-life care, it was unfathomable to them that I would want to discuss it. I also knew that based on my wishes, it would be very difficult emotionally, if not impossible, for my parents to honor my choices. For that reason, I selected my brother and best friend as my agents. In short, a college student needs an agent who can carry out their preferences for medical care.  

For financial powers of attorney – choose a responsible and trustworthy agent

A financial power of attorney agent should be trustworthy. They need to be someone who is responsible for their own finances and will put the principal’s best interest above their own.

Anyone who chooses an untrustworthy agent would risk losing all of their savings. What’s to stop an agent from draining a bank account and running off to Fiji? While this is an extreme example, and there are legal remedies for someone who abuses their power like that, it is better to not have to deal with that happening.

What is an “Advance Directive” and why does a college student need one?

An advance directive is a written statement by a patient or their legal representative that outlines their wishes for medical treatment in the event of incapacity or death. Every college student should take the time to document their preferences for medical-related decisions.

For example: In a medical emergency does the individual want CPR if their heart stops? Do they want a ventilator if they cannot breathe on their own? What about a feeding tube or life support?

Although nobody wants to think of these scenarios, it is helpful to have these decisions spelled out. It’s stressful for friends and family to make these types of medical decisions.

I want to make it perfectly clear: Having an advance directive is important for everyone to have, no matter their age or health. It is also important to review advance directives through each stage of life. The treatments that we want at age 30 or 40 may not seem like such a great idea as we reach into our 90s or 100s. 

What’s the difference between a power of attorney and an advance directive?

It’s easy to see why people confuse a power of attorney with an advance directive. So, what is the difference? A power of attorney grants an agent the ability to act on behalf of a principal, should they become incapacitated. An advance directive for healthcare, on the other hand, specifically addresses what someone wants if they are unable to make decisions for themselves. It is a written record of what to do (and not to do) in an emergency or end-of-life scenario.

When does a power of attorney or advance directive go into effect?

Financial POA

There is a lot of flexibility when it comes to the terms of a financial power of attorney. A limited power of attorney can go into effect when a specific event happens, such as incapacitation. There are also terms that make a power of attorney go into effect immediately. A qualified attorney can create a power of attorney to suit anyone’s situation.

Medical POA

When it comes to medical care, a healthcare provider will always make an attempt to communicate with the patient first. In the case of incapacity or impaired judgment, however, a doctor will communicate with the medical agent or refer to an advance directive instead. For example, let’s say a patient is in a coma or under anesthesia. The doctor will refer to a medical agent or advance directive when making a time-sensitive decision for their care.

*Click here to learn more about when a POA goes into effect.

Powers of attorney and advance directives are useful at any stage of life 

Powers of attorney and advance directives are useful, no matter the age or stage of life a person is in. While most older adults have powers of attorney and advance directives in their estate plan, a younger adult could make use of them too! For example, a college student can give powers of attorney to their parents and create an advance directive just in case they need help. These legal documents can help the student navigate the essential functions of “adulting” like managing bills, health and property insurance, leases, and more. Additionally, in the event of a tragedy, a medical power of attorney will allow the parent to make decisions on the child’s behalf. This is why it’s important to have powers of attorney and advance directives in place, no matter the stage in life. 

Hire an attorney to draft a power of attorney

Although there are forms online for creating powers of attorney, having a lawyer draft your document will ensure that it complies with all the legal requirements set forth by the state. Online forms can fall short of holding up in court. With an insufficient power of attorney, or a lack of one at all, a family may have to fight for their loved ones’ wishes in court. The process of going to court under these circumstances is painful, expensive, and time-consuming. Most people want to avoid putting this kind of stress on their families.

Anyone can make their own advance directive

While the subject matter is difficult to think about, the process of creating an advance directive is easy. Just download the form online and prepare it at home. There’s no need for an attorney. To make the advance directive legal, sign it in front of a notary or two witnesses. For your convenience, we’ve included a link to the Tennessee Advance Directive for Healthcare form here. As a courtesy to our clients, our firm will include the preparation of advance directives, along with a notary, as a part of the flat-rate estate planning package or the “Adulting Package”.  

6 college students gathering in front of a cell phone to take a group photo. They are all smiling
Ready for college?

In conclusion

Powers of attorney, advance directives for healthcare, and a FERPA waiver are documents that every college student should have. They are among the many important decisions a college student will make during their lifetime. It’s never too early to prepare for life’s unknowns. 

GALS offers an ”Adulting” gift certificate for college students!

Looking for the perfect graduation gift? A gift certificate to our “Adulting” package is a great way to help prepare a young adult for life’s “what-ifs”. In addition to legal counseling, this package includes powers of attorney for finances, powers of attorney for medical care, a FERPA waiver, and an advance directive with a notary. Click here to buy your gift certificate. All you need is the name and email address of the recipient and we will take care of the rest! 

3 Tools for Estate Planning for Blended Families in Tennessee

a family with children from multiple relationships hug on a beach at sunset in tennessee
If you have a blended family, you really need an estate plan.

Many people do not begin to think about estate planning until well after they have started a career, gotten married, or had children. By the time we reach the point in our lives where we begin to think about what will happen to our belongings and our loved ones after we die, we have often already experienced big life changes. For many of us, that could mean multiple marriages and a blended family. So when we sit down to work out our estate plan, how do we navigate the murky waters of estate planning for blended families? 

Can I use a prenuptial agreement in an estate plan for my blended family?

Just like with other estate planning tools, a lot of couples do not want to think about obtaining a prenuptial agreement. After all, who can blame an engaged couple for not wanting to think about how their marriage might end? However, just like other estate planning tools, prenups have a bad rap. They can be incredibly useful for couples with a lot of assets, or blended families who want to keep certain properties separate. Through a prenuptial agreement, you and your spouse will be able to delegate which property is joint and which is to remain separate. This can make the division of your assets among your blended family a lot easier in the event one spouse predeceases the other.

What is a Life Estate on property in Tennessee?

A lot of the time, when a couple remarries, one spouse will move into a home owned by the other. If this is the case for you, it may be worth considering a life estate.

What is a Life Estate?

A life estate is an ownership interest in real property for the duration of a person’s life. In other words, a life estate will allow the surviving spouse to continue living in the marital home until the end of their life without them inheriting the house outright or passing it down to their own children.

two mothers snuggle their toddler and baby while sitting on a park bench. They are considering making an estate plan for their blended family
Blended families are also called step families.

Use a Trust when Estate planning for blended families with multiple children

I want to make sure my children inherit from my estate

In some cases, your spouse may not distribute your estate to your children the same way you would. If you have certain assets or a specific amount of money you wish to go to your children, your best bet is to leave it directly to your children through a trust. Of course, this can be a difficult discussion to have with your spouse, but it may be the best decision for your family. 

These are just three estate planning tools to consider for your blended family. There are dozens of others that you, your spouse, and your lawyer may find better suit your needs. Blended families are exciting and rewarding, but it is important to maintain your estate plan through one of life’s biggest changes! 

If you’re a blended family with questions about how to create your estate plan in Tennessee, consider contacting an estate planning attorney to discover what is best for your situation.