Wills and Estates

Helping individuals and families safeguard their wishes and assets

The estate attorneys at The Kennedy Law Firm, PLLC are knowledgeable about Tennessee and Kentucky state laws related to wills and estate administration. We know that in some cases our clients are reluctant to plan ahead, and in other cases our clients are coming to us just after the loss of a loved one. We handle all of the legal details, so our clients can concentrate on taking care of themselves and their family.

We give every client the same high level of compassionate service and skilled representation regardless of the value of the estate or the simplicity or complexity of the issues.

Wills, trusts and comprehensive estate planning

Planning for the possibility of physical or medical incapacity as you get older and the inevitability of your death is one of the most responsible acts of love you can perform for your family.

Estate planning is often thought of in terms of wills, trusts and other documents designed to transfer assets after death. These documents also give careful consideration to tax implications now and in the future.

Comprehensive estate planning also incorporates both end-of-life planning and medical planning for unexpected accidents or medical incapacity. Let us help you through this process of planning your estate and assisting your loved ones. We also are able to advise you in determining whether you can transfer your assets without going through probate upon death.

We work closely with you to make sure that our wills, powers of attorney and other estate planning instruments accurately and reliably reflect your goals for both your estate and family. We take time to explain the full legal and personal significance of each of these instruments, and give you all the information you need about the significance of every decision you make. Then we make sure that your intentions are accurately reflected in each properly witnessed and executed document.

We use a wide range of estate planning tools to document your wishes regarding property and medical planning, including:

  • Wills
  • Trusts
  • Family limited partnerships
  • Marital property agreements or postnuptial agreements
  • Living wills
  • Powers of attorney (medical, durable and do not resuscitate [DNR])
  • Life insurance trusts
  • Special needs trusts

Probate and estate administration

Our attorneys provide the comprehensive legal services you need throughout the probate process, including:

  • Filing of required documents with the probate court
  • Payment of estate debts
  • Notice to creditors
  • Tax issues
  • Assistance with the distribution of assets
  • Dispute resolution

We also can help with any disputes that arise during the process or separately represent individuals who may have a claim for a portion of the estate that is not being adequately handled by the executor or personal representative of the estate.

Frequently asked questions

Do I need a will?

A will protects your estate and can especially be helpful if you want to distribute your property to people other than your relatives. Without a will, state law dictates the distribution of your assets. The default plan normally distributes property to relatives.

What is a trust?

In a trust, a party known as the trustee has legal ownership of property transferred to him by the person making the trust (the grantor). Trust assets are invested and/or managed for the benefit of one or more beneficiaries. A trust can be living — that is, established during the grantor's lifetime — or testamentary, established in a will. A trustee can be either an individual or an institution, such as a bank.

What are the duties and obligation of an executor or personal representative?

The executor or personal representative follows state law to wrap up the decedent's affairs, including the following:

  • Giving the proper notices to proper parties
  • Collecting the decedent's property
  • Receiving claims against the estate
  • Paying valid claims and disputing others
  • Distributing estate property according to the will or state law

Selling estate property to cover debts or allow for proper distribution may also be necessary.

We're committed to helping people

As a client, you’ll receive our full commitment. With offices in Clarksville, Tennessee’s fifth largest and youngest city, The Kennedy Law Firm serves clients throughout Tennessee and Kentucky, including the counties of Montgomery, Davidson, Stewart, Cheatham, Houston, Dickson, Humphreys and Henry in Tennessee, as well as Todd and Christian counties in Kentucky. Call us today at 1.931.266.4107 or contact us online. We look forward to speaking to you about your situation.