Question 1

What is the non-emergency contact number for the local police station in Nashville, Tennessee?

Accepted Answer

The non-emergency contact number for the Metro Nashville Police Department is 615-862-8600.

Question 2

Where can I get a copy of police reports for incidents related to my case in Nashville, Tennessee?

Accepted Answer

You may get a copy of police reports for incidents related to your case at the Central Records Division of the Metro Nashville Police Department, located at 811 Anderson Ln, Suite 100, Madison, TN 37115. You may also email your request to MNPDPublic@nashville.gov

Question 3

Can wills in Nashville be handwritten?

Accepted Answer

While handwritten wills, otherwise known as holographic wills, are legal in Nashville, they must be in the handwriting of the testator. In compliance with Tennessee Code § 32-1-105, two witnesses must attest to the testator's handwriting. Tennessee also accepts nuncupative wills, which are wills created while in imminent peril of death.

Question 4

What happens when a Nashville landowner dies without a will?

Accepted Answer

If a landowner in Nashville has no valid will at the time of their passing, their property will be inherited by their spouse or children. If unmarried and without children, the property will go to the next of kin, starting from the parents, then the siblings (or their descendants if predeceased), and finally, to the grandparents (or their descendants if predeceased).

Question 5

What are the tax exemptions relevant to Nashville estates?

Accepted Answer

While the inheritance tax exemption in Nashville has ranged from $2,000,000 to $5,000,000 for the past decade, the inheritance tax has been abolished for any deaths occurring in 2016 or after. As for federal tax exemptions, the estate and gift tax exemption is $11.58 million per individual, an increase from the $11.4 million exemption in recent years.

Question 6

What is a power of attorney in Nashville?

Accepted Answer

In Nashville, a power of attorney allows a named individual the power to enact health care and end-of-life decisions on behalf of another person. Other states limit this legal tool to health care, while a power of attorney in Tennessee allows for decisions involving property and contract rights. This includes financial transactions such as the payment of bills, rent collection, buying or selling real estate, and even managing a business.

Question 7

Why is estate planning important for Nashville LGBTQ couples?

Accepted Answer

LGBTQ couples in Nashville need to create a will as preparation before they pass away because Tennessee does not recognize domestic partners as heirs-at-law. In the same vein, the state also does not grant same-sex couples rights such as hospital visitation, health care decision-making, and financial decision-making.

Question 8

What does an estate planning attorney do?

Accepted Answer

An estate consists of the total assets that form an individual’s net worth, no matter how large or small. Estate planning attorneys use their in-depth knowledge of state and federal laws to help people best manage what will happen with their estates after they die or become incapacitated. Estate planning attorneys can prepare wills, form trusts, reduce estate tax burdens, and decrease or eliminate the need for probate court.

Question 9

What are valuable estate planning services an attorney can provide?

Accepted Answer

With the many intricacies of assets, taxes, and state and federal laws that can affect a person’s estate, an estate planning lawyer can be a valuable professional asset, no matter how large or small a person’s estate may be. An estate planning attorney can:

Create a comprehensive plan to protect a client's legacy, that includes a will, power of attorney, trusts, life insurance, and advanced medical directives
Optimize an estate plan as tax laws, life events, assets, and goals change over time
Protect a client’s loved ones by preventing assets from entering probate
Help clients designate a person to make important health decisions for them if they become incapacitated

Question 10

Can estate planning attorneys help create trusts/wills?

Accepted Answer

Estate planning attorneys can create trusts and wills. Through a will, an attorney can help a client designate their estate’s beneficiaries and assign an executor to represent the will in probate court. These attorneys can also create trusts, allowing a client to assign a trustee to oversee the estate, potentially avoiding probate court and holding assets to be distributed over time.

Question 11

Is estate planning the same as drafting a will?

Accepted Answer

While both estate plans and wills officially document how their owners wish to allocate certain assets after their death, there are key differences. In estate planning, a will is often just one of several documents that form a comprehensive plan. In a will, people must designate a person responsible for executing their will after their death. The will can include guardians for their children when they die and beneficiaries to receive an inheritance of money, property, and other assets.

Question 12

What are the steps involved in estate planning?

Accepted Answer

To create a thorough and effective estate plan, individuals should follow these steps:

Prepare a will that designates an estate executor; indicate who will receive what assets, and assign a trust and guardians for any children. Consider using an attorney if the will is in any way complex.
To avoid probate, have an attorney create a revocable living trust.
Assign beneficiaries to other assets, such as life insurance policies, retirement plans, and securities.
Use an attorney to prepare a living will, name a health care proxy, and create a HIPAA release form.
Update the plan every five years.

Question 13

How long does the estate planning process last?

Accepted Answer

The length of the process can vary greatly depending on the size and complexity of the estate, the specific law office, and whether there’s an emergency or urgent need. If you’re using an attorney, you can generally expect it to take one to five weeks. You may be able to speed up the process by immediately providing your attorney with any bank statements or other documents they need.

Question 14

What is a trust?

Accepted Answer

A trust is an agreement between a grantor, a trustee, and a beneficiary. In this agreement, the grantor allocates funds or real property assets to the trustee to be held either until the grantor passes away or until a specific, agreed-upon date. At that point, it's the responsibility of the trustee to distribute funds or property to the beneficiary or beneficiaries. While there are similarities between a will and a trust, a will is a more comprehensive document that typically requires probate court, while a trust allows assets to pass to the beneficiary without probate.

Question 15

How does a trust fund work?

Accepted Answer

When opening a trust fund, a grantor allocates a trustee to oversee and manage assets in the account. This trustee can sometimes be a relative, an estate lawyer, or a bank that acts as the legal owner of the trust. While holding assets, the trustee is required to file taxes on trust assets.

Question 16

How does a living trust work?

Accepted Answer

A living trust enables a grantor to manage their assets through a trustee while still alive. They can continually add funds and/or property to their trust fund by transferring them to the trustee, who accepts ownership of everything held in the fund. The grantor can name a beneficiary for their trust, and their assets will be automatically transferred to that person or establishment upon their death.

Question 17

Do I need a lawyer for a will?

Accepted Answer

No, a lawyer is not required to draft or complete a will. However, there are some scenarios in which hiring an estate lawyer to assist with a will is a good idea, including when children or high-value assets are involved. Additionally, an estate lawyer can help to reduce probate fees and taxes paid by loved ones after a person dies. It's also best to work with a professional to ensure that the will addresses everything necessary, such as funeral plans, guardianship, and asset distribution.

Question 18

Can you have both a will and a living trust?

Accepted Answer

Yes, and individuals who have a living trust should also have a will. While a living trust enables a person to leave funds and assets to a loved one when they're gone, a will is required to cover any assets that aren't included in the trust, such as guardianship of dependents, funeral plans, and forgiveness of outstanding debts, if applicable.

Question 19

How much does it cost to set up a trust?

Accepted Answer

The cost of setting up a trust varies quite a bit depending on a variety of factors, including terms that are in place, special provisions for minor beneficiaries, and trustees' basic fees. In most cases, the minimum cost of setting up a trust is about $1,500, but depending on the factors mentioned above, this cost can increase by thousands of dollars.

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Frequently Asked Questions

What is the non-emergency contact number for the local police station in Nashville, Tennessee?

Can wills in Nashville be handwritten?

What happens when a Nashville landowner dies without a will?

What are the tax exemptions relevant to Nashville estates?

What is a power of attorney in Nashville?

Why is estate planning important for Nashville LGBTQ couples?