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Frequently Asked Questions
What is a revocable living trust, and how can a Jackson, TN trust lawyer help me set one up?
A revocable living trust is a flexible document you create during your lifetime to hold title to your assets; you remain in control as trustee and can change or dissolve it at any time. Because the trust—not you personally—owns the assets, anything titled to it skips the public probate process at death and allows faster, more private distribution. A local lawyer will draft the trust to comply with Tennessee law, retitle your real estate and financial accounts, and add successor-trustee provisions so someone you trust can manage things if you become incapacitated.
How does probate work in Tennessee, and can an estate-planning attorney help me avoid it?
Probate is the court-supervised process of validating a will (or applying intestacy rules) and transferring a decedent’s assets; it typically involves filing the will, notifying heirs and creditors, inventorying property, paying debts, and distributing what’s left. Tennessee offers a simplified “small-estate affidavit” for estates with ≤ $50,000 of personal property, but anything above that—or any real estate—usually requires full probate. Attorneys help minimize or bypass probate by using beneficiary designations, joint ownership, payable-on-death accounts, and living trusts.
What’s the difference between a living will and a durable power of attorney in Tennessee?
A living will (sometimes called an advance care plan) lets you state your wishes about end-of-life treatments such as artificial nutrition, resuscitation, or ventilation if you cannot communicate. A durable power of attorney (financial or health-care) appoints an agent to act for you on broader matters—managing money, signing legal papers, or making medical choices—starting now or upon incapacity. Most planners recommend having both so doctors know your preferences and someone you trust can speak for you if situations fall outside those written instructions.
How can Medicaid planning protect my home and savings from nursing-home costs in West Tennessee?
Medicaid (TennCare CHOICES) pays long-term-care costs only after applicants “spend down” most countable assets. Planning tools include converting savings to exempt resources (e.g., prepaid funeral contracts), buying certain annuities, or transferring assets into an irrevocable Medicaid Asset Protection Trust (MAPT) at least five years before applying so they fall outside the 60-month “look-back” review. An elder-law attorney coordinates timing and paperwork to avoid transfer penalties and to preserve the home for a spouse or heirs.
What is a Medicaid Asset Protection Trust, and why are West Tennessee seniors asking lawyers about it?
A MAPT is an irrevocable trust that lets you transfer the family home or other assets to a trustee while retaining the right to live in the property and receive trust income. Once assets have been in the trust for five years, Medicaid treats them as non-countable, shielding them from “spend-down” and estate-recovery claims, which is why many retirees explore MAPTs long before they anticipate needing nursing-home care.
What is the difference between a will and a trust, and how do I know which one I need?
A will directs who gets your property and who will handle your estate after you die, but it must pass through probate court. A trust is a separate legal entity you create during life; property placed in it is managed by a trustee and usually bypasses probate, offering more privacy and easier management if you become incapacitated. If your estate is small and straightforward, a will may be enough; if you own real estate in multiple states, want to avoid probate delays, or need ongoing control over how and when heirs receive assets, a trust can make more sense. Compare the cost and complexity of each with your goals, then consult an estate-planning professional to confirm the best fit.
I have a family member who was recently diagnosed with dementia. How can I get power of attorney over them?
A power of attorney has to be signed willingly by the person while they still understand what they’re granting, so you can’t obtain one after dementia has removed that capacity. If your relative can’t sign, the typical route is to petition the probate court for a conservatorship (adult guardianship). Rules vary by state, so check your local requirements.
How do I set up a consultation with Sara Barnett, and where does the consultation take place?
Scheduling is easy: submit the contact form on our website, book a free 15-minute intake call, or simply phone the office. Once we confirm your matter is a good fit, we’ll arrange a full consultation in whichever format suits you best—face-to-face at our office, by telephone, or over Zoom.
What should I expect during an intake session I scheduled through Sara Barnett's website?
Your intake session is a friendly, 15-minute phone call with one of Sara Barnett’s team members. We’ll listen to your situation, clarify the help you need, and confirm whether it falls within Ms. Barnett’s practice. If it doesn’t, we’ll gladly refer you to someone better suited. If it does, we’ll collect a few basic details and schedule your full consultation with Sara. Quick, helpful, and respectful of your time.
Know your options.
Everyone needs an estate plan regardless of age or financial situation. Do the future version of yourself a favor and schedule a peace of mind planning session today.
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