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When a client passes. As an Estate Planner, you plan for a client to pass away.  You do your best to help them “leave a legacy of peace and not a legacy of chaos”.  You help them create “The Plan”. Even though the topic of death is discussed every day in my office, it still has an impact on me when I get the call or email that: “Mr. Jones died Friday.  I just wanted you to know.” Their passage leaves a mark.  As an attorney, hopefully, I spent enough time with the client to make sure their wishes were accurately reflected. As a person, I may remember a laugh that we shared as we discussed their wishes.  I may remember what a delight (or tyrant) they were in our discussions. As a person of faith, was their salvation secure?  While the business of Estate Planning anticipates the passage of a client, I don’t know that as a person, you are ever fully prepared. 

This is a true story, from a lady who was in my office witnessing a client signing her Will.   It is also an example of the unlicensed practice of law.   I am both an attorney and an insurance agent. I have two (2) licenses. One (1) was hard to get. One (1) wasn’t. Guess which one (1) fits each category.   There is a lot of argument in the insurance and financial world about helping clients draft their Wills, Trusts and Powers of Attorney while getting paid to do so. Why?  Money .   Tennessee defines the practice of law as: As used in this chapter, unless the context otherwise requires: (1) “Law business” means the  advising or counseling for valuable consideration  of any person as to any secular law,  the drawing or the procuring of or assisting in the drawing for valuable consideration of any paper,   document or instrument affecting or relating to secular rights, the doing of any act for valuable consideration in a r...

 Why does the proper titling of real estate matter? In my law practice, this situation has come up several times:   A couple is married.  Real estate is owned BUT only titled in one (1) of the spouse's names.  Even if they are both listed on the mortgage, only one (1) of them is on the title.  The titled owner then passes away without a Will. Who owns the real estate? Generally, for a husband and wife, the real estate is titled so that it passes entirely to the living spouse.  But, in our situation, the land was only titled in the name of the deceased spouse.  So, not all of the real estate passes to the living spouse. The Tennessee statute (31-2-103) tells us that real estate solely owned by the one (1) spouse immediately passes on death to his or her heirs.  The Tennessee statute (31-2-104) tells us who those heirs are. In this instance, if the person died with one (1) spouse and one (1) child.  According to the statute, the spouse and...

  For the sake of clarity, the term "Estate Planning" applies everything from Wills and Powers of Attorney to elaborate Trusts.  "Do's": Update your documents more than once a decade.   That's right.   I recently saw a Will that was fifty (50) years old!   Fortunately, some of the folks listed in it were still alive. If your documents pre-date cell phones, update them! Read your documents.   Even if an attorney drafted the documents, read them. Make sure you understand the documents. Recently I saw a document where  the attorney did not change the name on the document from one (1) of his/her previous clients.   That document was invalid. You need to make sure the words on the page are what they need to be.  Love yourself and your family enough to have the documents.   Those who love their families  make difficult times easier  with documents that prevent the family from having to get court ord...

  Recently I had a client pass away.  Before this happened, we did her planning.  Her relatives came to see me after her passing.  I was able to say "she had her affairs in order". She wasn't wealthy.  Too often I hear people say "Why should I care, I don't have anything anyway?"  Well, having the proper documentation in order makes it easier on those you leave behind, who have to make decisions for you.  So, do you care enough to leave a legacy of peace?  If so, get your planning in order today. 

FREE Call-in Clinic  “Aging Well with Law & Insurance” When:    Saturday, July 10th from 10:00 am to noon Central. Where: (615) 497-0763 Who:    Tennessee residents only What: Free, one-on-one consult over the phone.   Speak with a licensed Tennessee attorney and insurance professional on: Annuities Asset Protection Charitable Giving Medicare Supplements Powers of Attorney Probate Life Insurance Trusts Long Term Care Wills Other?

I get this all the time.  Here's how the conversation goes: Me:         Are your Will and your Powers of Attorney documents up to date? Caller:      Yes, I bought them online ten (10) years ago. Me:        Was the Will typed or handwritten? Caller:     Typed. Me:          When you signed the Will, did you have two (2) witnesses? Caller:     No, just the notary. Me:          That does not sound like a valid Tennessee Will.  When would you like to come and see me? Caller:     Wait? What? But I paid the online service for it! The Tennessee statute for wills, other than handwritten, states: Tenn. Code Ann. 32-1-104: (a) The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows: (1) The testator shall signify to the attesting witne...

As an attorney who assists clients with Wills, Trusts, Probate, and Powers of Attorney, I see both good ideas and bad ones.  Here are a few of the really bad ones: Misspelling Names - whether it's your Will, Trust, Power of Attorney, Beneficiary, or Payable on Death forms, get the names correct.  Those coming behind you and wrapping up your affairs do not need to be explaining why you called "William" "Bobo".  Whether it's a financial group or a Trustee, matching a name on a document to a person should not be a challenge.  The solution, take a few extra minutes to confirm the names you are listing are the actual legal names of the people you wish to bless. Donating To The Government- You have a poor relative who is receiving Medicaid Long Term Care Services (they are in a state nursing home).  You would like to bless this relative upon your passing, so you list them in your Will, Beneficiary form, etc.  When you pass they now move from being poor, to a hi...

I know I'm a bit of an insurance nerd, but Long Term Care (LTC) insurance coverage simply fascinates me.  For many people, it's the bridge, in their final years, between health insurance (often Medicare) and life insurance. There are many fascinating variations of LTC, but the ones that interests me the most are those that are participating in the LTC Partnership program (Qualified State Long Term Care Partnership Program). What's that mean?  That means that the policy has met certain criteria, so that when the policyholder passes away AND Medicaid (in my case, Tenncare) has a recovery interest in their estate, then the estate gets credit, due to the LTC policy, to offset any recovery efforts by Medicaid. (This means there's a better chance of the kids getting granny's old house.) What does this benefit the policyholder? They have more control over where they spend their final years, as opposed to having Medicaid dictate where they reside. And, their estate gets a...

  In my Estate Planning, the topic of "planning for Medicaid" often comes up. I don't know why we, in the U.S., have gotten so oriented toward thinking we'll need "Medicaid" when we are one of the richest countries in the world.   I believe that planning for Medicaid is akin to planning for FAILURE. Why do I believe this?   As a teen, I worked in Nursing Homes and Assisted Living Centers. The staff always knew which beds were "Medicaid Beds". Those beds were always limited. Did they receive essentially the same care? Sure, but it was still known that the spot was "Medicaid".   Medicaid has limited options. Medicaid is subject to change at lawmakers' whims. Medicaid is designed for the truly poor. Why would triggering Medicaid be your goal?  Have you ever been in a Medicaid predominant  (only) facility and liked it?  Would you want to live that way?   I prefer to see people have more options as they age. I prefer to see people take mor...

The Probate process in Tennessee is quite simple.  COVID has made it even simpler with electronic filing and no appearance dockets.  "Death Taxes" and that sort of thing are really not much of an issue either for the average person. For most individuals, or couples, I encounter, complex planning is really unnecessary.  For those with vast, multi million dollar estates, more complex planning makes sense.  But for the average individual, it jut doesn't. A Will, a Durable Power of Attorney for Healthcare, a Living Will, a Durable Power of Attorney for Financial matters often do the trick.  If you have minor children, I also recommend a Durable Power of Attorney for Childcare.  These documents will cover the vast majority of what the average individual needs.  What are your thoughts?

  Don't scribble on your Will.   A Will is a document that communicates your wishes to the Court, an Insurance Company or similar office, your legal heirs and your wishes for what should happen to your personal items and real estate after you have passed away.  It's a powerful document. Once your Will is formally signed and dated, it is not a notepad.  If you wish to revoke or change it, do it properly.  Remember, it reflects you and your legacy.  Need a real life illustration?  This case is an interesting read.  In this case, the Will was ultimately admitted to Probate, but not without considerable cost. This Will was an expensive notepad because it was not treated with respect. What are your thoughts?

  Are you concerned for yourself or a loved one aging?   A fantastic resource is from an unlikely source, the Centers for Disease Control (CDC).  STEADI (Stopping Elderly Accidents, Deaths & Injuries) has many resources worth your time.  The page I like the best is here .  Whether you are planning for yourself or a loved one, it is always easier to take a few steps toward the future than to play "catch up".  

As both an #Attorney and an #Insurance Professional, weird scenarios go through my head from time to time.  Here's one. I have dealt with many #grandparents in my practice.  Most of them are great and beneficial to the lives of the grandchildren.  Some are not.  I've dealt with both sides of the issue. I seem to be having more and more issues lately with emotionally #toxic #grandparents, especially in the realm of #Juvenile and #Family #Law.  This applies to both #custody and #visitation. So, here's one of the thoughts bouncing around in my head:  If a married couple is trying to protect their minor children from the influences of a toxic grandparent(s), they need the following: Mirroring #Wills nominating a safe person to raise the child/ren should they both pass away.   The nominated person needs to agree (not necessarily on paper) and be aware of the situation with the toxic grandparent(s).  This person is known as a #Guardian. A Durable Power...

  Photo by @francesgunn Time and time again I see examples of people who thought it was a good idea to reduce their Estate Planning to a quitclaim of real estate to another person. That is NOT Estate Planning.  That's not even basic Estate Planning.  It's a bad idea.  Here's why: Quitclaims do not #communicate your wishes.  #Wills and #Trusts communicate your wishes.  Quitclaims can actually create questions without good answers.  "What did Mamma want to do?"  "Was Daddy coerced wrongly into the quitclaim." Quitclaims can create #taxable events.  Example, a parent quitclaims a child's name onto a property.  The parent has now "gifted" half (1/2) the property to the child immediately, not after death.  This can trigger a "gift tax", taxable by the IRS.  Admittedly, this is a tax that is often not pursued by the IRS, but it does not change the fact that the taxable event exists. If someone is just determined to quitcl...

Ready to plan for the future? Estate Planning has different means depending on who you ask. A common misconception is that Estate Planning is only for the wealthy. That is simply not the case.  For me, Estate Planning is having a discussion about what a person wants their legacy to be. Do they want to have a #peaceful #transition from their “working era” to their “#retirement era” and then onto passing away? Do they have specific ideas as to what they want their medical care to be, when they can’t make the decision on their own? Is there someone they trust to handle their #financial affairs while they are living? Is there someone they trust to handle their #estate once they pass away? Are there people they want to #bless once they are gone? Are there people they want to shun once they are gone? Who would they trust to raise their minor or disabled #children? Should you have Life Insurance, Long Term Care Insurance or start thinking about a #Medicare Supplement plan? These questi...

                                                                                                                          Image courtesy of pasja1000 and Pixabay. These are crazy times.  While this will pass, it has a lot of folks thinking about the "what ifs" in life.  What if I don't make it?  What will happen to my kids?  What will happen to my stuff?  Have I made adequate preparation ? So, here's some tips: Make sure your relationship is right with the Lord. Make sure you have a Will .  It makes the Probate process so much easier. Have at least a Durable Power of Attorney for Medical Care , ...