Do I Need a Will?

Attention! Second Families, Mixed Families, Remarriage

You need a Will. Everyone needs a Will but if you’re part of a blended family it’s especially critical. You’ll want to take care of your current spouse but also your children from a previous marriage. You need to make these decisions – don’t let things “just happen” and hope your family “does the right thing.”

• Spouse and Children:
  • If you have a spouse but no children, your spouse inherits everything.
  • If you have a spouse and children, your spouse receives either one-third of the estate or a child's share, whichever is greater.
    • Example: With one child, the spouse and child each get 50%. With three or more children, the spouse gets 1/3 and the children split the remaining 2/3. 
    • Children Only: If you have children but no spouse, your children inherit everything in equal shares. 
• No Spouse or Children: The estate passes to your parents. If they are deceased, it goes to your siblings (or their descendants, like nieces and nephews). 
• Extended Family: If no immediate family is found, the law looks to grandparents and then to aunts and uncles. 
• The State: If no legal heirs can be located, your entire estate "escheats" (reverts) to the State of Tennessee. 

• Court-Appointed Administrator: Since no executor is named in a will, the court appoints an administrator (usually the surviving spouse or next of kin) to manage the estate, pay debts, and distribute assets. 
• Timeline: Probate in Tennessee typically takes between 6 and 14 months. 
• Public Record: Without the privacy of certain trusts, your estate details become public record, accessible to anyone.
• Small Estates: If your probate estate is valued at $50,000 or less, your family may be able to use a simplified Small Estate Affidavit to avoid full probate.

• Minor Children: The court will decide who serves as legal guardian for your children, which may not be the person you would have chosen.
• Unmarried Partners: Tennessee law does not recognize unmarried partners; they will inherit nothing unless you have a will or trust. 
• Blended Families: Stepchildren do not have inheritance rights unless they were legally adopted. 
• Non-Probate Assets: Assets like life insurance, retirement accounts with named beneficiaries, or property held in "joint tenancy" pass directly to the survivor and are not affected by intestacy laws.