Your will dictates your instructions for what happens to your estate after you pass away. A valid will is enforced by court and compliant with state law. This is possible when you have a wills and trust attorney knoxville draft it for you.
If you die without a valid will, you die intestate. The intestacy laws in Tennessee let the courts decide how to divide your assets and property when you die intestate. If your will has been made, your attorney can make sure it is valid and adheres to applicable legal guidelines and requirements. A properly drafted will allows you to decide what happens to the assets in your estate following your passing.
What Your Will Accomplishes
Your will spells out what happens to your assets when you die. If you have underage kids, your will can name a guardian to your children when you pass away. A comprehensive estate plan can include your will, along with advanced medical directives, powers of attorney, and a living will. Your attorney can establish a customized plan tailored to your needs and the needs of your family. They will ensure your will won’t be invalidated and that your estate is handled based on your wishes with only minimal legal interference. But somebody may try to contest your will.
How Your Will Can Be Invalidated
In Tennessee, anyone who wants to contest a will has two years to file a legal challenge. This person must show that they would inherit a portion of your estate if your will is set aside. If you did not name this person as a beneficiary in your will and they wouldn’t inherit an asset or property from your estate, they don’t have legal grounds to contest your will. Thus, they can’t take legal action. But if a person qualifies to contest your will, their legal grounds include the following:
- Incorrect will execution. Tennessee wills should be written documents that the testator signs. Witnesses must sign the documents. Incorrect execution of a will can lead to its invalidation.
- Undue influence. If somebody benefits by intimidating or pressuring you into signing a will, this is undue influence. When proven, this may invalidate your will.
- Lack of capacity. You, as the testator, should be at least 18 years old and of sound mind when signing a will. Otherwise, any will you sign can be invalidated.
To protect your will from legal challenges, have an attorney prepare and draft it for you.
