If you’ve recently typed “wills and trust attorney near me” into a search bar, and you live in Nashville or elsewhere in Middle Tennessee, you’re already taking a vital step toward securing your family’s future. Estate planning is about more than documents—it’s about peace of mind, protecting your legacy, and ensuring your wishes are honored according to Tennessee law.
At Elder Law of Nashville, we’ve helped generations of Tennesseans take control of their futures with thoughtful, customized estate planning services. Whether you’re new to planning or updating an existing plan, understanding what a wills and trust attorney in Nashville, TN can offer is the key to making informed decisions.
What Is Estate Planning and Why Is It Important?
Estate planning involves organizing your financial and personal affairs to prepare for incapacity or death. While it often includes drafting a will and creating trusts, it can also encompass powers of attorney, healthcare directives, and long-term care strategies.
Even if your estate isn’t large, estate planning ensures that:
- Your assets are distributed according to your wishes
- Your children or dependents are cared for by the right guardians
- Your family avoids costly court battles and long probate delays
- You retain control of your medical and financial decisions—even in incapacity
Without a plan in place, the State of Tennessee will make these decisions for you under its intestacy laws, which may not reflect your personal or family preferences.
Services a Wills and Trust Attorney in Nashville Provides
Working with a wills and trust attorney near you in Nashville gives you access to expert legal guidance that addresses your unique family structure, financial goals, and health concerns. Here’s what a trusted attorney can help with:
1. Drafting a Legally Valid Will
Your will determines how your assets—like real estate, savings, and personal belongings—will be distributed. It also allows you to name guardians for minor children, designate an executor, and include personal instructions. Learn how we approach will creation in our Estate Planning Services page.
2. Creating Trusts for Strategic Asset Protection
A trust can provide more control and flexibility than a will. It can be used to:
- Avoid probate
- Protect assets from creditors
- Provide for family members with special needs
- Set conditions for asset distribution
- Reduce estate taxes in some cases
Some commonly used trusts include:
- Revocable Living Trusts – Allows you to retain control during your lifetime and transfer assets smoothly after death.
- Special Needs Trusts – Protects government benefits for a loved one with a disability.
- Charitable Trusts – Allows you to support causes while reducing taxable estate value.
3. Power of Attorney and Health Care Directives
Incapacity planning is often overlooked. A wills and trust attorney will help you prepare:
- Durable Power of Attorney – Authorizes someone to make financial decisions on your behalf.
- Health Care Proxy/Living Will – Ensures your medical wishes are known and followed.
These documents are critical if an illness or injury leaves you unable to speak for yourself.
When Should You Start Estate Planning in Tennessee?
Many people assume estate planning is for “later.” But life can change quickly. We recommend starting your estate plan:
- After a major life event (marriage, divorce, childbirth)
- When buying property or starting a business
- If you care for aging parents or a child with special needs
- As part of long-term care or Medicaid planning
Even young adults in Tennessee should consider powers of attorney and health care directives once they turn 18.
How to Choose the Right Wills and Trust Attorney in Nashville, TN
When selecting an attorney, look for the following:
- Local expertise – Estate laws vary by state. A Tennessee-based attorney ensures compliance with local probate procedures and tax rules.
- Elder law experience – Aging adds layers of complexity to estate planning. Our team understands how to coordinate asset planning with long-term care and Medicaid eligibility.
- Personalized approach – Cookie-cutter templates can lead to costly mistakes. We tailor every plan to your family, finances, and future goals.
Check our client testimonials to see how we’ve helped others in the Nashville community.
Serving the Greater Nashville and Middle Tennessee Area
With deep roots in Nashville, Elder Law of Nashville supports families across Middle Tennessee, including: Brentwood, Franklin, Hendersonville, Murfreesboro, Bellevue, Green Hills, East Nashville, Antioch, and surrounding areas.
We offer both in-person and virtual consultations to serve clients across Davidson County and throughout the state.
FAQs About Wills and Trusts in Tennessee
Is a will enough to avoid probate in Tennessee?
No. A will still passes through probate. To avoid probate, you’ll need to consider tools like revocable living trusts or joint ownership arrangements.
What’s the difference between a will and a trust?
A will only takes effect after death and must be filed with the court. A trust becomes active once funded and can manage assets during your lifetime and after your death.
How often should I update my estate plan?
Review your plan every 3–5 years, or after any major life change, including a change in marital status, income, family structure, or health.
Does Tennessee have an inheritance or estate tax?
No. Tennessee repealed its inheritance and estate taxes in 2016. While federal estate taxes may still apply to high-value estates, most Tennessee residents are not subject to additional state taxes.
Is a handwritten will valid in Tennessee?
Yes. Tennessee recognizes “holographic” (handwritten) wills if they meet legal criteria. However, they are not recommended due to the risk of ambiguity or challenge.
Resources to Learn More
To further explore estate planning in Tennessee, check out these reputable sources:
- American Bar Association: Estate Planning Resources
- National Academy of Elder Law Attorneys (NAELA)
- Tennessee State Courts – Probate Guide
Why Choose Elder Law of Nashville
Founded by Barbara Moss, a nationally recognized elder law attorney, our firm brings decades of experience, compassion, and integrity to every client relationship. From first-time estate plans to complex Medicaid strategies, we walk beside you every step of the way.
Whether you’re just getting started or need to update an old plan, our team is here to help with sensitivity and skill.
Take the First Step Today
If you’re searching for a wills and trust attorney near me in Nashville, TN, you’re already prioritizing what matters most—your loved ones and your legacy. Contact Elder Law of Nashville today to schedule your consultation. Let us help you plan wisely, live confidently, and age with peace of mind in the great state of Tennessee.