Articles Tagged with Tennessee wills

At the Higgins Firm, our team of probate attorneys is asked a number of questions every day from potential clients. And like many lawyers, the response that we usually give to so many of those questions is, “It depends.” One of those many questions that we often hear is, “Is it true that the state of Tennessee can end up recovering from someone’s estate?” Again, we have to respond with, “It depends.”

There is only a limited set of circumstances in which the state can recover from a decedent’s estate. Under Tennessee law, the property of a person who dies is paid to the state only when there are no other living beneficiaries under a will or there are no other living relatives if someone dies without a will. Essentially, if you do not have a will and you do not have any close relatives, then the state will end up recovering from your estate. Tennessee state law does not have any intestate (dying without a will) provisions for those who are not related. Obviously, there are not many people who would ever voluntarily choose to leave their estate to the state’s treasury.

However, there is an obvious and easy way to prevent this possibility from ever happening, drafting a will. By drafting a will you are able to avoid the worst case scenario where the state would recover from your estate. In drafting a will, you are able to determine specifically who you want to recover your assets after you have passed. You are able to leave your assets to close friends or even a charity.

Recently attorney Jim Higgins stopped by WSMV’s Better Nashville to discuss essential documents that every family should resolve to have this year. Those essential documents include a last will and testament, a power of attorney, and a living will. There are any number of reasons why you may put off these drafting legal documents. However, these legal documents are not expensive, and they provide your family the protection that they deserve. You can watch the interview with attorney Jim Higgins below. If you have any questions about a will, power of attorney, or living will for your family, be sure to contact The Higgins Firm today. One of our estate lawyers would be happy to provide you with any answers.


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