Bear Litigation PLLC2025-05-02T02:38:24Zhttps://www.bearlitigationblog.com/feed/atom/WordPressOn Behalf of Bear Litigation PLLC<![CDATA[Trusts vs. wills: Making the right choice for your family]]>https://www.bearlitigationblog.com/?p=486412025-05-02T02:38:24Z2025-05-02T02:38:24ZWhen preparing your estate plan, one of the most important questions that you’ll need to consider is whether you should draft a will, create a trust or utilize both tools together. There is no “one-size-fits-all” approach that makes sense for everyone, so you’ll need to consider your unique goals and circumstances carefully.
The “right” approach for you and your loved ones should be influenced by your family’s needs, the types of assets you own and your long-term goals for your loved ones. Both wills and trusts can help in distributing assets and protecting your legacy, but they function differently and offer distinct advantages.
How wills and trusts differ
A will is a legal document that can outline how you want your property distributed after your death. It also allows you to name a guardian for minor children and appoint an executor to carry out your instructions. A will is generally easier and less expensive to create than a trust, making it a common starting point for many families. However, wills must go through probate—a court-supervised process that can be time-consuming, public and costly depending on your state’s procedures and the complexity of the estate.A trust, on the other hand, is a legal resource that holds your assets for the benefit of your chosen beneficiaries. One of the biggest advantages of a trust is that it avoids probate. Assets placed in a properly funded trust pass directly to beneficiaries without court involvement, which can save time, reduce legal fees and maintain privacy. Trusts also offer greater control over how and when assets are distributed, which can be especially helpful if you have young children, a blended family or beneficiaries with special needs.
How wills and trusts can be used concurrently
Using both a will and a trust can offer the most comprehensive protection. This approach is common in more complex estate plans. The trust manages and distributes most of the estate assets, while the will—often called a “pour-over will”—handles any assets that weren’t transferred into the trust before death and ensures they are added to the trust. This way, nothing is left unmanaged or subject to unintended distribution.Do you want to simplify the inheritance process? Avoid probate? Protect minor children? Provide long-term financial support? A skilled legal team can guide you through your options, help you understand how each tool works and design a plan tailored to your unique family circumstances. By making informed decisions now, you can protect your loved ones, preserve your assets and better ensure that your wishes are honored with clarity and care later. ]]>On Behalf of Bear Litigation PLLC<![CDATA[What happens if you die without a will in Tennessee?]]>https://www.bearlitigationblog.com/?p=486392025-03-07T01:58:16Z2025-03-07T01:58:16ZDying without a will, also known as dying intestate, can inspire complications for your loved ones after you’re gone. Without a legally valid will to direct how your assets should be distributed, Tennessee’s intestacy laws will determine who inherits your estate. These laws follow a strict order of succession that may not align with your personal wishes. And if you’re like most people, you are likely alarmed if this is the first time that you’re learning that the state will decide – not your loved ones – who gets what.When someone dies intestate in Tennessee, the distribution of their assets depends on who their surviving family members are. The state will follow these general rules if you die without an estate plan in place:
If you are married with children, your spouse and children will share your estate. Your spouse receives at least one-third of the estate, with the remaining portion divided among your children.
If you are married without children, your spouse will inherit everything.
If you have children but no spouse, your children will inherit your entire estate in equal shares.
If you have no spouse or children, your estate will pass to your parent. If both parents are deceased, it will be divided among your siblings.
If no immediate family members are alive, the estate may go to more distant relatives, such as nieces, nephews or cousins.
If no legal heirs are found, your estate will become the property of the State of Tennessee.
That’s right… the state will determine how to distribute everything, and may even take everything if you don’t have close blood relatives.
Do you want the state to determine all of this?
Without a will, your estate may not be distributed as you otherwise would have wanted. If your family is “non-traditional,” they may be particularly impacted by this reality. Intestacy laws do not account for non-traditional family structures, such as stepchildren, unmarried partners or close friends, meaning they will not inherit unless you specifically dictate your wishes in a legally enforceable estate plan. If this – understandably upsetting – information has inspired you to act, know that you can get started on your estate plan today. Seeking personalized legal guidance can help to ensure that your assets are ultimately transferred according to your wishes. ]]>On Behalf of Bear Litigation PLLC<![CDATA[3 things to know about child custody in Tennessee]]>https://www.bearlitigationblog.com/?p=486372025-01-06T15:54:03Z2025-01-06T15:54:03ZWhen parents separate, each parent does everything they can to advocate for their children the best way they know how. By advocating for a child custody arrangement they prefer, each parent imagines they can better exercise their parental rights and be the guardian their child needs.
Unfortunately, when two parents have conflicting ideas of what is best for the children they share, disputes and disagreements are hard to avoid. For parents grappling with child custody battles, it can help to understand what Tennessee law says about parental rights.
1. Family courts prioritize the child
Family courts in the Volunteer State understand that children have nothing to do with their parents’ decision to divorce. Therefore, courts prioritize the children when deciding child custody arrangements. It doesn’t matter what either parent believes is best for the kids; what helps determine custody arrangements is:
The relationship between the children and each parent
Each parent’s demonstration that they’re willing to include the other parent in the children’s lives
Each parent’s emotional, psychological and financial capacity to be a good guardian
The court’s priority is to help ensure the kids have a good quality of life.
2. Submitting a permanent parenting plan
The Volunteer State allows divorcing parents to submit a Permanent Parenting Plan (PPP) for court approval. This is an opportunity for the parents to demonstrate that they’re mature enough to collaborate for the well-being of the children. However, if the parents aren’t on the same page about what the kids need, the court will create a plan on their behalf.
3. Modification of custody orders
Once a court determines a custody order, parents should know the arrangement isn’t set in stone. When circumstances change, the Volunteer State allows parents to speak up about changes that would improve their kids’ quality of life. A concerned parent can petition for an adjustment of the custody arrangement if:
One parent has to relocate far away from the other parent
The child develops special needs due to illness or an accident
The child experiences abuse or neglect by one parent
The family court can only approve modifications if there’s proof that they’ll improve the children’s quality of life.Fighting over the custody of children can be an overwhelming and draining experience for divorcing parents. That’s why it’s a smart move to seek the support of a compassionate legal practitioner during a divorce. Legal intervention can help divorcing parents prioritize their children over their personal differences.]]>On Behalf of Bear Litigation PLLC<![CDATA[Adopting a stepchild without a biological parent’s consent]]>https://www.bearlitigationblog.com/?p=486362024-11-07T16:08:21Z2024-11-07T16:08:21ZThe state can terminate a parent's rights
Judges in the family court system have to adhere to specific legal standards. One of the most important is that they always act in the best interests of any children when addressing contentious family law cases. Upholding the best interests of a child requires that the judge consider factors including their physical and mental health.
In cases where they no longer have a relationship with one of their parents but they do have a deep bond with a stepparent, the courts may recognize that a stepparent adoption may be better for the child than a continued legal connection to an uninvolved parent. Particularly in cases involving parents who have committed acts of domestic violence or who have documented issues with substance abuse, it may be possible to terminate a parent's rights without their written consent.
A family law judge can potentially allow a stepparent adoption to proceed without the consent of the other parent. Such cases may involve a lot of conflict and take longer to resolve than amicable stepparent adoptions. However, children dealing with abusive or uninvolved parents may need the love and support of a stepparent enough to make that process worthwhile.
Stepparents may need help preparing for the legal process ahead if a parent does not want to give up their parental rights. Completing a stepparent adoption in a contested scenario requires careful planning but can ultimately help uphold the best interests of a stepchild. Children deserve loving and supportive parents, not an absentee or abusive parent who doesn't fulfill their responsibilities.
]]>On Behalf of Bear Litigation PLLC<![CDATA[How does stepparent adoption work in Tennessee?]]>https://www.bearlitigationblog.com/?p=486352024-09-02T22:41:54Z2024-09-02T22:41:54ZMultiple parties must approve the adoption
Stepparent adoption typically begins with a conversation between spouses. The stepparent may propose the adoption to their spouse to see if they approve. Factors including certain types of benefits may influence whether or not a stepparent adoption is actually the best option for the family.
If the parent of the child agrees that a stepparent adoption could be beneficial, then the other parent of the stepchildren must give their approval. If they are still alive and the state has not terminated their rights, they must sign a document giving up their parental rights.
Otherwise, the parent and stepparent proposing the adoption must ask the courts to involuntarily terminate their parental rights. Doing so is usually only an option in cases involving significant misconduct, such as long-term abandonment or a history of abuse. Ideally, a parent who does not spend time with or provide support for their child may recognize that a stepparent adoption is potentially in the child's best interests.
After getting approval from people within the family, then the next process involves getting approval from the courts. Stepparent adoptions involve a scenario in which the child already lives with the stepparent, so it is sometimes possible to avoid some of the technical requirements for traditional adoption, such as a home study.
If a judge reviews the circumstances and agrees that everything is in the best interests of the child, then they can finalize the stepparent adoption at a hearing in court. The entire process can take many months to complete, but it does offer important protections for the blended family unit.
Discussions about the relationship between stepparent and stepchild are often the starting place for a Tennessee stepparent adoption. Making the parent-child relationship a legal one can offer benefits to the entire family.]]>On Behalf of Bear Litigation PLLC<![CDATA[Parents: Important considerations for estate planning]]>https://www.bearlitigationblog.com/?p=485942024-07-06T16:06:02Z2024-07-06T16:06:02ZSelecting a guardian
One of the most important decisions when creating an estate plan for the benefit of children is who someone names as the children's guardian. A guardian may take over a parent's role when a tragedy leads to the death of a parent. Choosing someone who is capable of meeting the children's needs and willing to accept that responsibility is of the utmost importance. New parents may need to have some difficult conversations with their family members and close friends while selecting appropriate candidates.
Arranging for financial support
Technically, children have a right of inheritance if a parent dies without a will. Tennessee law very clearly enshrines inheritance rights for children along with spouses in intestate succession rules. The decision to create an estate plan allows parents to designate specific resources for their children. They may want to take things a step further by creating a trust. Trusts can limit what guardians or a surviving parent use a child's inheritance for while they are minors. Trusts can help preserve at least a portion of a child's inheritance for when they become an adult.
Addressing the risk of incapacity
Parents don't have to die to become incapable of supporting their children. In some cases, a medical emergency could render them incapable of parenting or leave them unconscious for weeks. Parents may want to create documents that address their care in such situations. Powers of attorney can designate someone other than a spouse to manage someone's medical care and handle their household matters. Advance planning can help preserve family resources and ensure there is someone to take care of the children if a parent becomes incapable of meeting the daily necessities of child-rearing without actually dying.
Putting together a thorough estate plan is an important step for parents who want to protect their children. The sooner parents begin the process, the sooner they can have the peace of mind that comes from knowing that their children are properly protected.]]>On Behalf of Bear Litigation PLLC<![CDATA[Should you draft a living trust if you live in Tennessee?]]>https://www.bearlitigationblog.com/?p=485932024-05-13T22:24:37Z2024-05-10T00:25:53ZLiving trusts can serve as an important inclusion in an individual’s estate planning efforts. These resources are distinct from the traditional “last will and testament” that many are familiar with, and that serve as the alternative foundational document in many adults’ estate plans.
If you live in Tennessee, understanding that drafting this resource might be more advantageous than crafting a will alone can guide you in making informed decisions about managing your legacy as effectively as possible in anticipation of your eventual passing.
What is a living trust?
A living trust, specifically a revocable living trust, is a legal resource created during an individual's lifetime that allows them to manage and access the assets placed within the trust until their death. Upon their death, the assets are transferred to designated beneficiaries by a chosen trustee.
Advantages and limitations of drafting a living trust in Tennessee
The primary advantage of a living trust is the fact that it can bypass the probate process, which is almost always an issue when a testator opts to transfer assets via a will. Probate can be time-consuming and costly in Tennessee, and it also makes the financial affairs of the deceased a matter of public record. A living trust offers a smoother and more private transition of assets. And, just like a will, the terms of this arrangement can be changed or dissolved at any time. With all of this said, it’s worth clarifying that establishing a living trust generally involves higher initial costs and more complexity than drafting a will. The process requires transferring property into the trust through title changes, which can be a complex undertaking. Additionally, unlike a will, which is a static document unless it is updated, a trust requires ongoing management. For those who prefer a “set-it-and-forget-it” approach, the continuous oversight required for a trust might be seen as a disadvantage.
Making a decision
For individuals with straightforward estates or fewer assets, a will may be a more appropriate and cost-effective tool. Wills are simpler to create and can adequately handle the direct transfer of assets, though they do not avoid probate. As such, for most adults in Tennessee, a living trust is a smart investment of effort. Either way, given the complexities involved in choosing the right estate planning strategy – and all that is at stake in doing so – it’s important to remember that seeking personalized feedback about this decision is always an option. ]]>