Category Archive for: ‘Estate Planning & Administration’

Tennessee Statute on Will Execution Amended to Permit Signatures on Affidavit of Will to Satisfy Witness Signature Requirement for Wills Executed Prior to July 1, 2016.

The Tennessee legislature passed a law effective July 1, 2016, to address and overrule a recent Tennessee Court of Appeals decision that disallowed the enforcement of a will in which the witnesses had signed the affidavit attached to the will rather than the will itself. The Tennessee Court of Appeals decision was in the case of In Re: Estate of …

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Estate Planning and Pets

Many families fail to address the needs of their pets when undertaking estate planning. Pets and other animals such as livestock are considered personal property and pass as such under an individual’s will, unless there are specific provisions dealing with pets or animals.  Only a small percentage of pet owners include provisions for their pets in their estate planning documents.  …

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Signature on Self-Proving Affidavit but Not on Will Falls Short of Statutory Requirements

In early 2015, the Tennessee Court of Appeals provided valuable guidance to practitioners on will execution requirements. The case of In re Estate of Bill Morris (2015 WL 557970, Tenn. Ct. App. 2015) concerned a will contest in which the children of the decedent challenged the validity of their father’s Last Will and Testament based on alleged noncompliance with T.C.A. …

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Tennessee’s Treatment of Pretermitted Children

The structure of a family tree can change quickly, especially for parents planning to have additional children.  Can children born into the family after the execution of a Will still inherit from their parents?  If a testator doesn’t provide for one of his or her children in the Will, is that child considered to be disinherited?  Tennessee law answers these …

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You Have an Estate Plan…But Does Your Business?

According to the U.S. Small Business Administration, approximately 28 million small businesses operate in our country today.  Needless to say, small businesses owners have a direct impact on our economy, and also provide direct financial support for their families through their endeavors.  Devoted to its day-to-day operations, small business owners often fail to consider the impact their death or incapacity …

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