Jelks Law Full Service Estate Planning in Chattanooga, TN

Jelks Law offers experienced legal counsel to individuals and families for estate planning services. While hiring an attorney is not required for planning your estate, you can place your family at a significant disadvantage. Estate planning encompasses many complex areas of the law including inheritance, property, financial accounts and even who raises your minor children if you should pass away.

Estate Planning Services From Our Estate Planning Attorney:

Wills

A will is one of the most important tools used in planning your estate. A will is a formal expression of how you would like your estate, including assets such as money and property, to be distributed after your death as well as your funeral wishes. A will is much more than words on a piece of paper. It must comply with the requirements set forth under state law. Contrary to popular belief, in order for a will to mean anything, it must go through probate after your death. The word "probate" means "to prove a will". As such, a will means nothing until a court says it does. Our estate planning law firm knows exactly how the probate courts work.

Trusts

A trust is another estate planning tool which can be used to help distribute your assets after your death. A trust allows for a high degree of control over how and when your estate is distributed to your chosen beneficiaries. There are multiple types of trust. The most common are contingent trusts, special needs trusts, revocable trusts, and irrevocable trusts. Trusts can also lessen the impact of probate or eliminate it in some cases.

Probate

Probate is the legal process that takes place after someone passes away. A court will review and validate the deceased person’s will to ensure that any outstanding debts and taxes are paid. The probate court will also oversee the distribution of any remaining assets to the rightful beneficiaries. There are however estate planning methods that can help preserve assets for your loved ones without being subject to the probate process. While the process can seem complex, having a well-prepared estate plan and knowledgeable legal guidance can make probate smoother and less stressful for your loved ones.

Conservatorships

A conservatorship is a legal proceeding where a judge appoints someone to make decisions for an incapacitated person who either did not have a power of attorney or their power of attorney is neglecting or abusing their powers. Conservatorship proceedings can be expensive and you lose the ability to choose who makes your decisions. Our estate attorney wrote this piece on the most common questions about conservatorship.

Guardianship

In guardianships, the courts appoint a responsible individual to make decisions for a minor child or an adult who is unable to care for themselves. This process ensures that the person’s daily needs such as health, education, and personal welfare are met when they cannot do so independently. Guardianships are commonly established for minors whose parents are unavailable or for adults with significant disabilities. At Jelks Law, we help families navigate guardianship proceedings with compassion and clarity, ensuring loved ones receive the protection and support they need.

Power of Attorney

A power of attorney (POA) is the appointment of another individual to legally handle your personal and financial affairs including paying bills, handling bank and retirement accounts, paying rent or mortgage, and conducting real estate transactions. In most cases concerning estate planning, the POA doesn't usually come into effect until you are unable to make decisions for yourself. A power of attorney is only effective while you are living. As such, after your death, the only other thing your power of attorney can do is handle your funeral arrangements and the disposition of your body if you've given them the power to do so. Check out this blog post by our firm on how a power of attorney could be the least expensive option for you.

Advanced Care Directives and Living Wills

An advance care directive is a legal document that specifies your wishes involving your medical care, especially in the event that you cannot make decisions for yourself. It can include the appointment of a medical POA, or a healthcare proxy, to make medical decisions for you in the event you cannot do so for yourself. It can also include a living will, which details your wishes for end-of-life medical treatment, including your preferences for using or not using life-sustaining measures such as feeding tubes or ventilators.

Medicaid Planning

Medicaid planning involves preparing your finances and legal documents to help you qualify for Medicaid benefits, especially for long-term care needs, without unnecessarily spending down your assets. This process can protect your home and savings while ensuring you receive the care you need as you age or face health challenges. Proper Medicaid planning can help you avoid financial hardship and provide peace of mind for your loved ones. Consulting with an experienced attorney can make navigating the complex Medicaid rules much easier and more effective.

Digital Assets

Digital assets include online accounts, such as email, social media, photos, music, and other electronic files or subscriptions you own. Managing digital assets in your estate plan ensures that your loved ones can have access to important information and properly handle or close your accounts after your passing. You can specify who should manage these assets and if you choose, this could be someone other than the executor of your will.

For more information on common estate planning questions and scenarios, please see our estate planning questions page.

Jelks Law, Personalized Estate Planning in the Greater Chattanooga Area

At Jelks Law, we know that these issues are not easy to face or discuss, but our compassionate, experienced attorneys can put you at ease and answer your questions in a language that you can understand. Since every individual and family will have their own needs, we offer customized legal strategies instead of taking a one-size-fits-all approach. We can help you put together an estate plan that meets the particular needs of yourself and your family. Reach out to us to take the first step!