Estate planning is meant to make life easier for your loved ones — but when it’s done wrong (or not at all), it can lead to family tension, court battles, and assets tied up for years. These aren’t just hypothetical horror stories. In Tennessee, we see these estate planning nightmares unfold more often than you’d think.
Let’s break down a few common (and avoidable) mistakes that can cause lasting problems — and how to make sure they don’t happen to your family.
Mistake #1: Not Having a Will or Trust
When someone dies without a will in Tennessee, the state decides who gets what. It’s called dying intestate, and it can create chaos. The court appoints an administrator, which may not be the person your family would have chosen. And if there’s conflict? It gets ugly fast.
How to avoid it:
At the very least, create a basic will. Even better — set up a revocable living trust, especially if you want to avoid probate and keep things private and smooth for your loved ones.
Mistake #2: Naming the Wrong People
We’ve seen ex-spouses still listed as beneficiaries or irresponsible siblings put in charge of the estate. Naming the wrong executor, trustee, or power of attorney can delay everything or even lead to litigation.
How to avoid it:
Review your documents regularly — especially after big life changes like marriage, divorce, or the birth of a child. Make sure you trust the people you’ve chosen to carry out your wishes.
Mistake #3: Not Planning for Incapacity
Estate planning isn’t just about what happens when you die. If you become unable to make decisions due to illness or injury, who will speak for you?
In Tennessee, without a power of attorney and healthcare directive, your family might have to petition the court for a conservatorship — a long and costly process.
How to avoid it:
Sign a durable power of attorney and a healthcare directive now. These documents give someone you trust the legal authority to act on your behalf if you’re unable to do so.
Mistake #4: Leaving Out Digital Assets
Families often can’t access a loved one’s email, social media, or online bank accounts after they pass — even with a will.
Tennessee follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). It allows access to digital assets only if you’ve given express permission in your estate plan and the platform’s terms allow it.
How to avoid it:
Include digital asset instructions in your will or trust. Also, keep an inventory of your accounts and store login details securely (never in the will itself).
Mistake #5: Keeping Secrets
Surprises after death rarely go over well. Whether it’s an unknown bank account, a hidden heir, or unequal distributions, lack of communication can break families apart.
How to avoid it:
Talk with your family — or at least your executor or trustee — about your wishes. A clear plan brings peace of mind, not just for you, but for everyone involved.