Estate planning and probate · Wills

Wills in Memphis

A will records instructions for handling your estate, but it is only one part of an estate plan. For Memphis residents, a useful review starts by comparing the will with account beneficiaries, property ownership records, and the separate documents that give someone authority to act during your lifetime.

Compare the instruction with the transfer

A will can name the person you want to handle estate matters and state how you want covered property distributed. Other assets may be connected to an ownership arrangement or beneficiary designation. That means a will and an account or deed can point to different people or plans. Do not assume the will alone explains how every asset will pass.

A practical review asks, asset by asset: What does the will say? How is the asset owned or designated? Who is named to act or receive it? If the answers do not align with your intention, note the mismatch for discussion rather than assuming which record controls.

  • Will instructions: the people and distribution plan named in the document.
  • Ownership or beneficiary records: the terms associated with a particular asset.
  • Authority documents: separate instruments that may authorize someone to act for you.

Choose the right person for each role

Consider who you want to carry out your will’s instructions, then assess that person’s ability and willingness to handle the responsibility. Keep that choice distinct from naming someone to manage finances while you are alive. A power of attorney authorizes an agent to act on another person’s behalf; its scope, duration, and limits matter. It is not interchangeable with the role named in a will.

A trustee, an agent under a power of attorney, and a court-appointed guardian or conservator also have different roles. Before naming people in documents, make a role-by-role list and ask whether each person’s proposed authority matches the task you have in mind.

  • Who should handle the estate under the will?
  • Who, if anyone, should have financial authority during your lifetime, and within what scope?
  • Are trust or healthcare documents part of the plan, and do they name the intended people?

Prepare a simple asset-and-record map

Bring a one-page inventory to your planning conversation. For each asset, record its general description, how it is titled or owned, any named beneficiary, the date you last checked that information, and the related document or account record. Add a column for the will instruction you believe applies and flag anything uncertain. This makes gaps visible without treating the inventory as a legal conclusion.

For real property in Shelby County, a land-record contact directory can help identify where to seek current record information. A directory listing or recorded document does not itself establish ownership, guarantee clear title, or decide what transfer or court procedure is appropriate. Keep copies of relevant deeds and account beneficiary confirmations with the inventory.

  • Current will and any trust documents.
  • Deeds or other property records, plus account statements showing beneficiary designations.
  • A list of questions, uncertain entries, and changes in family or financial circumstances.

Discuss the mismatches before revising

Dale Law Group, PLLC offers wills and related estate-planning services, including trusts and powers of attorney. A planning discussion can focus on whether the will’s instructions, asset records, and selected decision-makers reflect the same intentions, and which documents may need attention.

If a person has died and you are trying to understand what happens next, distinguish that question from preparing or revising a will. Shelby County listings identify separate court-related offices, including a Probate Court Clerk and a Clerk & Master. Office roles are not interchangeable, and a directory contact does not establish the correct venue, required filing, or whether a proceeding is necessary. Confirm current information with the appropriate office or obtain advice about the specific situation.

    Questions to bring to the discussion

    Does my will cover every asset I own?

    Do not assume that it does. Compare the will’s instructions with how each asset is owned and any beneficiary designation on file. If those records appear inconsistent, flag the asset for review rather than assuming which instruction governs.

    Is the person named in my will automatically my financial agent?

    No. A financial agent acts under a power of attorney, which is separate from a will. Review each document’s named person and authority separately; the scope and limits of a power of attorney matter.

    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.