Living Trusts

Living trusts are appropriate tools for clients who wish for their estate to avoid probate at their death. There are various reasons that probate avoidance is desirable: probate is public, can be costly, and the process is time-consuming (typically about one year from start to finish.) Clients who want their assets to be distributed immediately at their death, who own real property outside of Tennessee, or want to maintain a significant amount of control over their assets are good candidates for a Living Trust.

In deciding whether to use a living trust, one must balance the administrative responsibilities of establishing, funding and maintaining a living trust against the benefit of probate avoidance. We assist clients in sorting through these issues. We draft Living Trusts to meet the specific needs of each client, and then assist our clients with the mechanics of funding the trust to ensure that the purpose of the Living Trust will be accomplished.