Do I Really Need to Think About Estate Planning?

Planning for the future isn’t just about finances; it’s about ensuring your family’s peace of mind during their most difficult moments. Having a clear plan is more than just a "good idea."

Here is why estate planning is essential for every Tennessee family as we head into 2026.

1. Don’t Let Tennessee Law Choose What Happens to Your Assets

If you pass away without a will in Tennessee, you die "intestate." This means the state's default laws decide who gets your assets. Many people assume everything automatically goes to their spouse, but Tennessee law is more complex. Under Tennessee law, if you die intestate, assets may be granted to even young children while your spouse is still alive or may result in step-children or other loved ones not receiving what you would expect upon your passing. A proper estate plan, including a Will, protects you and your family from these unintended consequences.

2. Protect Your Children’s Future

For parents of children under 18, a Will is additionally important for two primary reasons. First, it allows you to designate a guardian for your minor children if no parent is alive. Second, it allows you to set up a simple trust to control the age assets are received by your children and who manages the assets until the children reach that age. A proper estate plan ensures your kids are cared for by the person you trust most.

3. Plan for Incapacity, Not Just Death

Estate planning isn’t just for when you’re gone. It includes a critical document to ensure you are cared for as you choose if you are incapacitated. A Tennessee Advanced Directive allows you to authorized a person, such as a spouse or adult child, to make medical decisions for you if you are unable to make medical decisions. You can also state whether there is medical treatment you wish to be withheld under certain circumstances (such as CPR, or a breathing tube if you are in the final stages of an illness that will result in death or you are in a coma). Finally, an Advanced Directive allows you to give instructions about burial or cremation, and organ donation.

The Tennessee estate planning attorneys at Patton | Pittman have decades of experience protecting families from the unexpected and they are here to help you with this crucial part of protecting your loved ones.