Estate Planning - Special Circumstances

A conservatorship is a court proceeding in which a judge removes decision-making powers and duties from a person with disabilities (called a “ward”) who is age 18 or older and lacks capacity to make decisions in one or more important areas of life.

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Due to changing circumstances over time, settlors and beneficiaries of irrevocable trusts often become dissatisfied with the terms of the irrevocable trust. Fortunately Tennessee law permits – under certain situations and using certain legal procedures – for the modification or termination of an irrevocable trust.

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Estate planning for same-sex couples is important because the intestate succession laws of Tennessee do not recognize domestic partners. Nor does Tennessee law set forth hospital visitation, health care decision-making and financial decision-making rights for same-sex couples.

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A prenuptial agreement is a contract entered upon marriage. The contract includes details about division of property, spousal support and other asset dispersing in the event of divorce or death. A postnuptial agreement differs from a prenuptial because it is drafted after a couple is married.

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