Wills

August 13, 2013

Protect Your Family and Your Estate with these Three Essential Documents

As a Tennessee Probate Lawyer I have learned over the years that some simple planning can really save families from a lot of unnecessary stress and costs. I will admit, having a Last Will and Testament or a Power of Attorney drafted doesn’t sound like a ton of fun but it really is easy and relatively inexpensive. It is just one of those things that we all tend to put off. Well don’t! Get it done and your family will thank you. Recently, I gave an interview about the importance of some simple estate planning. You can watch the interview below.

August 7, 2013

Celebrity Will Mistakes- Avoiding Similar Potential Problems

by The Higgins Firm

Celebrities may feel that their lives are always being scrutinized by the public eye. That scrutiny can even carry over when a celebrity passes away. Despite having access to some of the best estate-planning advice, a few wealthy celebrities left behind huge legal fees and taxes, bitter court fights, and other issues. Below you can see how drafting a will and keeping it updated can avoid any potential problems that may arise for your loved ones.

Gary Coleman

Gary Coleman, former child actor and star of the television show Diff’rent Strokes, died unexpectedly in 2010 at the age of 42 after sustaining a fall.

July 24, 2013

Types of Wills in Tennessee

by The Higgins Firm

You probably know what a will is and what it does. However, what you may not know is that there are different kinds of wills. Under Tennessee law, there are three different types of wills. Each one has its own requirements and restrictions. It is important to know what are the positives and negatives of each type of will. If you need help or advice drafting your will, be sure to contact an experienced Tennessee wills attorney.

The first type of will that we will discuss is known as a nuncupative will. This is the least common type of will because of the restrictions under the law. Nuncupative wills are entirely oral and are given when the person making the will is in imminent peril and dies of that peril. In other words, for this type of will to be valid, the person must speak his or her wishes from the deathbed and must die shortly thereafter. Imminent peril can include sickness or trauma. In addition, the deathbed declaration must be heard (or witnessed) by two disinterested people, must be documented within 30 days after the declaration, and be submitted to probate within six months after the death. The value of the property cannot exceed $1,000 for a civilian and $10,000 for an active duty military member.

Obviously, there are a number of restrictions with this type of will. It would only apply in a limited set of circumstances. However, it can be an easy alternative for those without any other means in a time of dire circumstances.

July 18, 2013

When Should I Update my Will?

by The Higgins Firm

Life is full of change. Whether you move to a new state, have a baby, or get married, situations are always changing. Some of life’s biggest changes can have a lasting impact on other areas that you would not realize. Although you learn how to adapt or compensate for any changes, there will always be an impact in your life from any major change. Changes should also be reflected in your Will. Although many people have a Will, it is important to update it whenever you have any life changes.

So we have provided a list of major life changes that should prompt you to update your Will accordingly:

Changes in your family

July 16, 2013

Avoiding Commonly Made Mistakes in Estate Planning

by The Higgins Firm

Preparation is the main ingredient in the recipe for success in life. Whether it is packing for a vacation, planning a schedule, or even studying notes before a big presentation, preparation is critical in so many areas. Similarly, it is important to be prepared in estate planning. There are a number of issues that can arise with estate planning. It is critical to avoid some of the common pitfalls that many people may not even think about. Contact a Tennessee estate planning attorney with any questions that you have.

Get Your Estate Planning Documents in Line

One of the more obvious pitfalls to avoid is to actually have estate planning documents in line. Although you may have intentions of putting together an estate plan, it is important to begin now. It is always better to have an estate plan in place years early rather than being one day too late. It is also important to coordinate all of the legal documents including: wills; any asset ownership forms; trusts; and medical directives. This can keep things organized in order to eliminate any potential headaches for family members in the future.

July 15, 2013

The Benefits of Using a Tennessee Wills Attorney Over Online Legal Services

by The Higgins Firm

With the hustle and bustle of life these days, we all have so many things going on. The 80’s classic movie Ferris Bueller’s Day Off has a great quote talking about the speed of life: “Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.” Whether it is keeping up with our families, jobs, or other interests, we are all looking for ways to spend more time doing what we love. As a result, many people are looking for an easy way to save both time and effort. However, there are some things in life that really do require specialized attention.

Online services have made so many things much easier. Many people use certain websites in an attempt to preliminarily diagnose an illness or even do their taxes, but we understand the limitations that those services offer. Those online services simply do not offer the same amount of attention to detail or a complete understanding of a situation that an actual doctor or accountant can provide. Similarly, a Tennessee wills lawyer can provide a number of benefits that online legal services are unable to match.

Services like LegalZoom are best suited for drafting basic and general legal documents. They are not law firms and are consequently unable to provide the state specific advice that an actual attorney could. Services like LegalZoom are unable to review your answers for legal sufficiency, draw any legal conclusions about the information you provided, or apply the law to your particular situation. Because each state’s laws are different, it is important to know specifically what your state laws are before drafting documents like a will, power of attorney, or other important legal documents. Using a Tennessee wills attorney gives you the peace of mind that you are receiving legal advice specific to Tennessee’s laws based on actual experience.

July 2, 2013

Why Do I Need a Will in Tennessee?

by The Higgins Firm

Although a will can provide a number of advantages, the majority of Americans do not even have a will. This situation is even more prevalent among younger adults. Only one in six people between the ages of 18 and 34 actually have a will. There are obviously a number of reasons as to why many of those people do not have a will. Whether people are unaware of the advantages, want to spend the money elsewhere, or even do not want to think about the possibility of death, it is important that people understand the benefits of having a will and what having one can do for you.

One benefit to having a will is determining who will be the legal guardian of your children upon your death. This is a very important aspect to those who have minor children. The legal guardian is responsible for the care of your children until they reach the age of majority which is 18 in Tennessee. By explicitly specifying who you want to be the legal guardian, you eliminate any confusion or controversy that would have to be settled by the court. Without a will, the court will appoint a guardian for your children. While the court uses a number of factors to make the determination of a guardian, a parent’s choice can avoid any potential problems with such a large decision.

Similarly, having a will helps to quell any potential disagreements or disputes between family and friends as to the distribution of your assets. The death of a loved one can be an extremely trying and difficult time. Unfortunately, relationships can be strained very easily in such a stressful time even by a disagreement over the distribution of assets and money. Family members may seek to lay claim over certain family heirlooms while others similarly desire the same items. A will can act as a preventative measure to solve these types of problems even before they begin.