Wills, Trusts, and Estate Law

Let Us Help You Plan for Your Family's Future

At the Law Offices of James R. Wheeler, our professional staff can provide you with the guidance needed to make wise decisions for your family's well-being. You're offered free initial consultations for estate planning, and you're under no obligation until we agree on some sort of plan to meet the needs of you and your family.

The legal definition of "estate" is the interest you own when it comes to personal property or real property. The term "real property" refers to real estate owned in which you have an interest.

This includes your home, a time-share, or any type of commercial property. Personal property refers to any possessions you own an interest. This includes bank accounts, stocks, bonds, vehicles, and retirement accounts.

What Is a Will?

In legal terms, a "will" is a notarized document that allows a person to make decisions regarding how the estate will be managed after the person dies. If the person who dies does not have a will, the state will determine how the person's estate will be distributed and managed.

Trusts and Living Trusts

A trust is what allows a named trustee the title to a person's property while the trustee has the right to determine how the property will be handled. The condition for this right is that the trustee provides what is needed for the trust's beneficiaries for their overall good.

As long as proper arrangements are set in place, a trust often helps your heirs avoid the probate process and the delays probate's are known to cause. There are certain trusts that can provide protection from creditors as well as a loss of assets.

A living trust will grant the trustee the right to hold, care for, and manage the assets of the trust's beneficiaries along with the property until the beneficiary is deceased.

Upon the death of the beneficiary, the trustee will divide the assets of the trust to whomever is mentioned in the trust document. Living trusts are not the same as wills or testamentary trusts.

Powers of Attorney

A written authorization to be represented by another person or organization is referred to in legal terms as "power of attorney." The person given the authority to act on your behalf is referred to as an agent or "attorney-in-fact."

Durable Power of Attorney for Health Care and Durable General Power of Attorney of the two most common terms when it comes to power of attorney.

The former allows your agent to make health care decisions for you if you're no longer able to act on your own, and the latter allows the agent to make decisions regarding your personal business matters.

Advanced Care Directives and Living Wills

When it comes to your healthcare, there are decisions that can be made in advance if you're convinced you won't be able to make those decisions later in the future.

What can allow you to determine what takes place if you become terminally ill with no expectation of recovering is either a living will or an advanced care directive.

You can have both of these at the same time, and they both allow you to make decisions about the level of care you'll receive and when it's time to end the level of care.

Long-Term Care Issues

We can help you prepare and plan for the possibility of any long-term care needs you may have in the future. These include assisted living or nursing home care. Our staff is very knowledgeable when it comes to issues with long-term care under Medicaid and TennCare.

We're here to answer your question regarding planning for your future needs or a loved one's long-term healthcare needs.

Give us a call at (423) 913-0117. Our legal team will guide you and help you obtain all the necessary documents you'll need to make important decisions regarding planning for your estate.