Here are the Blogs in the Estate Planning category.
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Wednesday, 10 May 2017
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blog preview image In my prior two blogs I discussed the witness requirements in Tennessee for a traditional, typed out will, and a nuncupative will.   Now, let us turn our attention to holographic wills.    Holographic wills are wills that are handwritten.  Tennessee does recognize holographic wills that meet the ...Read More...
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Posted on 05/10/2017 10:56 AM by Erika Piland
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Tuesday, 11 April 2017
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blog preview image In my prior blog I discussed the witness requirements in Tennessee for a traditional, typed out will.  In this blog and the following I will discuss the requirements for nuncupative and holographic wills.  Let’s start by discussing nuncupative wills.  A nuncupative will is an oral will that is made ...Read More...
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Posted on 04/11/2017 12:10 PM by Erika Piland
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Tuesday, 21 March 2017
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blog preview image One of the main issues that I see with a Last Will and Testament that was created online or not executed in front of an attorney is that the witness requirements of Tennessee law are not met.  In Tennessee, if those requirements are not met the will is not valid.  You have worked to create a meaningless ...Read More...
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Posted on 03/21/2017 2:51 PM by Erika Piland
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Tuesday, 28 February 2017
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blog preview image I have seen many situations where a real estate contract is signed and then we soon discover that the person who signed the contract to sell the real estate is not the same person who is listed in public records as holding title.  Once we begin asking questions, we soon find out that the title holder ...Read More...
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Posted on 02/28/2017 1:08 PM by Erika Piland
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Thursday, 16 February 2017
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blog preview image I recently saw this post on Facebook and I wanted to share it. This is something as attorneys we see too often and I thought it a worthwhile reminder... "I cannot stress enough, how important it is to have the conversation with your family about your final wishes. Have a will in place, organize ...Read More...
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Posted on 02/16/2017 9:25 AM by Jonathan Tinsley
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Wednesday, 16 November 2016
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blog preview image Regularly I work with clients who own real estate in Tennessee and another state.  This is a very important fact that you want to make sure your estate planning attorney knows.  "Out of state real estate" includes everything from that beach mansion in California to a small, empty plot of land in the ...Read More...
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Posted on 11/16/2016 9:09 AM by Erika Piland
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Thursday, 10 March 2016
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blog preview image I was having a discussion recently with a colleague about some of the most common misconceptions among people regarding estate planning.  For example, as I've discussed in a past blog, your spouse does not automatically inherit your entire estate if you pass away with children. (You can see why that ...Read More...
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Posted on 03/10/2016 10:14 AM by Erika Piland
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Tuesday, 9 February 2016
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blog preview image It may seem rare that your taxes decrease, but as of January 1, 2016, the State of Tennessee will no longer tax your Estate.  This has been part of a plan that the State enacted in 2012, gradually increasing the amount of a tax-exempt estate until this year, when the tax was repealed completely. Practically, ...Read More...
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Posted on 02/09/2016 9:16 AM by Erika Piland
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Tuesday, 6 October 2015
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blog preview image Almost every client begins their journey to creating estate documents with an intake meeting.  Inevitably, the first questions asked when the meeting is scheduled is, "what should I bring?"  The good news is that there is no requirement for you to bring anything to your intake meeting.  However, to ...Read More...
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Posted on 10/06/2015 10:14 AM by Erika Piland
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Thursday, 10 September 2015
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blog preview image I was thinking about the course of conversations with many estate planning clients.  One common theme occurred to me I spend some amount of time with every client explaining the basics of probate.  As lawyers, we admittedly can get bogged down in the intricacies of legal nuances, but most of the time, ...Read More...
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Posted on 09/10/2015 10:46 AM by Erika Piland
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Tuesday, 14 July 2015
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blog preview image I think I'll define a couple of important terms to begin.  When someone is said to die "testate," it means that this person has died with a valid Will.  You can probably guess what "intestate" means then dying without a valid Will. There is myth that I hear often: if you die intestate, your property ...Read More...
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Posted on 07/14/2015 11:33 AM by Erika Piland
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Tuesday, 30 June 2015
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blog preview image When your parents pass away, life is difficult enough.  The last thing you want is to be stuck paying the mortgage on their house or risk foreclosure.  It is quite common to want to sell the home as soon as possible.  However, as many have found out the hard way, it's not exactly as simple as signing ...Read More...
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Posted on 06/30/2015 2:14 PM by Erika Piland
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Thursday, 14 May 2015
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blog preview image Think about a married couple.  When the first spouse dies, often the vast majority of assets are titled in both of their names.  Therefore, everything passes to the surviving spouse without probate.  However, what if the deceased spouse owned a piece of land with which the other spouse has never had ...Read More...
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Posted on 05/14/2015 2:32 PM by Erika Piland
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Thursday, 7 May 2015
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blog preview image I doubt that any client has ever asked me about who will handle their non-financial online accounts after they pass away.  However, it is a real question and concern.  Wouldn't you like to designate now who will be able to manage your social media accounts after you die?   Facebook led the charge in ...Read More...
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Posted on 05/07/2015 1:33 PM by Erika Piland
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Thursday, 9 April 2015
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blog preview image Revising your Will or other estate documents might not be on the top of your "to do" list, but maybe it should.  Here is a quick guide to 5 times when you should review your estate documents: 1. You have moved.  It may go without saying, but laws change from state to state.  In a recent blog ...Read More...
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Posted on 04/09/2015 11:58 AM by Erika Piland
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Thursday, 19 February 2015
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blog preview image In a recent blog, I discussed the 2015 Federal and Tennessee Estate Taxes.  A common follow-up question to that discussion sounds something like, "My assets are nowhere near $5,000,000.00 so why do I need any help with planning my estate?" The answer is two-fold: 1) Tax laws are not written in ...Read More...
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Posted on 02/19/2015 1:40 PM by Erika Piland
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Friday, 13 February 2015
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blog preview image A new year brings new taxes.  Fortunately for Tennesseans, in the area of estate tax, this means less taxes for 2015. To give a brief review of 2014 estate taxes, an estate could be worth $2,000,000.00 and not be taxed by the state of Tennessee.  Federally, an estate could be worth $5,340,000.00 ...Read More...
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Posted on 02/13/2015 3:30 PM by Erika Piland
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Tuesday, 3 February 2015
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blog preview image A Durable Power of Attorney for Healthcare, or sometimes called a Healthcare Power of Attorney (HCPOA), is an important document for everyone to have. The specific reasons for having an HCPOA will change throughout life, but the general idea remains the same.  The purpose of an HCPOA is two-fold: it ...Read More...
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Posted on 02/03/2015 1:03 PM by Erika Piland
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Thursday, 30 October 2014
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blog preview image There is a common myth that estate planning is only for the elderly or the wealthy; maybe even only the elderly and wealthy.  This myth shows that few really know what estate planning involves.  Here is a hint: it's more than wills. Do you own anything? Then you need an estate plan. Although ...Read More...
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Posted on 10/30/2014 4:20 PM by Erika Piland
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Thursday, 2 October 2014
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blog preview image I don't have children or money, therefore I don't need to worry about estate planning right now. I am young, I have plenty of time to deal with estate planning. Estate planning is so expensive. These are common misconceptions about the law of estate planning. The truth is, estate planning is for ...Read More...
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Posted on 10/02/2014 4:07 PM by Brittany Dugas
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