Wills
Wills in Germantown
A will records instructions for handling an estate, but it may not control every asset. For a Germantown estate plan, compare the people and instructions named in the will with how each asset is owned and whether it has a beneficiary designation.
Start with the asset, not just the will
A useful review separates three things: instructions in a will, ownership of an asset, and beneficiary designations. An asset’s ownership or beneficiary arrangement may affect whether the will’s instructions apply to it. The documents should be reviewed together rather than assuming that listing an asset in a will settles how it will pass.
Make a working inventory with one row for each major asset. Record its general description, how it is titled, any named beneficiary, and the document or statement that supports your entry. Mark uncertain or conflicting information for follow-up instead of trying to resolve it by assumption.
- Property and account description
- Owner or owners shown on current records
- Beneficiary or payable-on-death designation, if any
- Location of the supporting record and date last checked
Choose who should carry out the instructions
Consider who you want to handle the estate and whether that person can organize records, communicate with beneficiaries, and follow the will’s instructions. Compare potential choices for availability, reliability, and willingness to take on the responsibility. Name an alternate to consider if your first choice cannot serve.
Keep the executor’s role distinct from other authority. A financial power of attorney authorizes an agent to act on someone’s behalf, and its scope, duration, and limits matter. A trustee, court-appointed guardian or conservator, and government-appointed benefit fiduciary have different roles; one document or appointment should not be assumed to grant another role’s powers.
Check for inconsistencies before signing or updating
Compare the people named in the will with current account and ownership records. Look for a beneficiary designation that differs from your intended plan, an asset whose ownership is unclear, or an executor choice that no longer fits your circumstances. These are questions to review, not proof that a document or designation is invalid.
For real property, a recorded document or directory listing alone does not establish current ownership or clear title. The Shelby County Register of Deeds directory lists a contact at 1075 Mullins Station Road, Suite W165, Memphis, Tennessee 38134. Confirm current instructions before relying on the listing; it is a records contact, not a determination of what transfer or court process is appropriate.
Prepare for a focused will review
Gather your current will and any earlier version you can locate, along with the asset inventory, account statements or beneficiary confirmations, and available ownership records. Note the date of each record. Keep the originals and copies organized, and flag missing documents rather than filling gaps from memory.
Dale Law Group, PLLC offers wills and related estate-planning services to clients in Tennessee. The firm’s office is in Murfreesboro. A review can focus on whether the will’s instructions, the intended estate handler, and the records you have identified appear to fit together.
- Which assets are governed by the will’s instructions, and which have separate ownership or beneficiary arrangements?
- Who should handle the estate, and who is an appropriate alternate?
- What records or conflicting entries need clarification before the plan is finalized?
Questions to bring to the discussion
Does a will control every asset I own?
Not necessarily. Ownership and beneficiary designations may affect how an asset passes. Review those records alongside the will rather than assuming the will alone addresses every asset.
Is an executor the same as an agent under a power of attorney?
No. A power of attorney authorizes an agent to act on someone’s behalf, with authority limited by the document’s scope, duration, and terms. The executor’s role under a will is distinct. Do not assume one role or document grants the authority of another.
Discuss your next step with Dale Law Group
Begin with a brief, non-confidential overview. The firm will discuss your needs and appointment arrangements.
General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.
