Tennessee does allow online wills as long as they meet the state’s requirements for validity. However, wills are more likely to be unclear or leave the door open for a legal contest when filled out as an online form.
When someone dies, their will undergoes probate to ensure that their wishes are followed. Tennessee allows electronic signatures on wills, but they can be complicated without legal assistance. This underscores the importance of an estate attorney in safeguarding asset distribution and honoring your final wishes.
How Probate Courts Determine the Validity of a Will
When someone passes away, their will typically enters probate. Probate is a legal process during which the court oversees the distribution of the estate according to the terms of the will. This helps ensure that it is executed properly.
- This scrutiny helps prevent anything that could undermine the deceased’s intentions, including fraud, coercion, or errors.
The probate court holds the final authority in determining the validity of a will for several important reasons. First and foremost, a will becomes legally binding only if it meets specific requirements.
It must be:
- In writing
- Signed and dated by the person making the will (testator)
- Signed by witnesses who attest to the testator’s signature
These criteria ensure that the document accurately reflects the wishes of the deceased and that there is sufficient evidence of its authenticity and validity.
The probate court’s role is crucial in safeguarding the integrity of the deceased person’s final wishes and ensuring fair distribution of assets to beneficiaries.
Are Electronic Signatures Allowed on Wills in Tennessee?
The simple answer is yes, electronic signatures on wills are permitted in the state of Tennessee. This allows individuals to create and sign their wills online, provided that all the legal requirements listed above are met.
Electronic wills are legally binding as long as no one challenges the will and the court finds them valid. In these cases, it generally proceeds through probate without issues. If someone does challenge the will, then the situation can become more complicated. When this happens, the probate court must scrutinize the electronic will’s validity more closely.
This includes:
- Verifying the identity of the deceased
- The circumstances under which the electronic signature was made
- The reliability of the digital platform used
Along with concerns about the deceased’s intentions being undermined by fraud or undue influence, technical issues with the electronic signature also become a concern. In this way, electronic signatures may be convenient, but they can also invite additional legal scrutiny. If contested, it can greatly complicate the Tennessee probate process.
Common Mistakes with Online Wills in Tennessee
Online wills are legal in Tennessee, but they’re not without their problems. Common mistakes of online wills include:
- Improper execution
- Confusing or unclear wording
- Leaving assets out
- Not stipulating what to do in a dispute
Improper Execution
Improper execution is common because online wills often lack proper documentation, such as witness testimony or affidavits. These demonstrate that the will was signed and witnessed according to Tennessee law, but the will can be rendered invalid if they’re missing.
Confusing or Unclear Wording
Confusing or unclear wording in online wills can lead to multiple interpretations, causing disputes. Vague language and inconsistent terminology create misunderstandings about the testator’s true intentions, potentially leading to conflicts among beneficiaries.
Leaving Assets Out
Leaving assets out of an online will is a common mistake that can lead to:
- Disputes among beneficiaries
- Prolonged probate processes
- Unintended distribution of the estate
These issues are due to the fact that not all intended assets are properly accounted for and allocated.
Not Stipulating What to Do in a Dispute
Don’t fail to incorporate mechanisms like appointing a mediator or specifying arbitration processes. You should also clearly define the executor’s authority since they can help manage conflicts efficiently. This reduces the risk of prolonged and contentious disputes.
Reasons a Will Can Be Contested
Only certain individuals can contest a will in probate court. This includes will beneficiaries and close family members who would inherit under intestacy laws if the will is invalid.
Not Enough Witnesses
Insufficient witness signatures may raise doubts about the document’s authenticity and the testator’s intentions.
Can’t Verify Your Identity
Uncertainty about the testator’s identity may cast doubt on the validity of the document.
Fraud or Forgery
Suspicions of fraud or forgery undermine the document’s authenticity and the integrity of the testator’s intended wishes.
Improper Execution
Failure to meet legal requirements, such as lack of witnesses or improper signing, may invalidate the document’s authenticity and execution.
Omissions
Failing to include all assets or beneficiaries may suggest the testator’s intentions were incomplete or incorrectly represented in the document.
Ambiguities
Ambiguities result in unclear or vague language that may lead to multiple interpretations, causing disputes over the testator’s true intentions for distributing their assets.
How an Attorney Can Help
Working with an estate or probate attorney is crucial for drafting a will in Tennessee. Unlike online wills, they ensure assets are distributed correctly according to your wishes, minimizing the chance of challenges. They provide legal clarity and compliance with state laws.
Most importantly, an attorney provides peace of mind by making sure that your intentions are accurately reflected and legally binding. This reduces the risk of disputes among beneficiaries so that your legacy is upheld as you intended.
Choose Johnson, Murrell & Associates for Estate Planning Advice
Johnson, Murrell & Associates provides personalized estate planning to safeguard your assets and fulfill your wishes. Our legal team navigates complexities like minimizing estate taxes, planning for incapacity, and ensuring precise asset distribution. We excel in drafting wills, trusts, and powers of attorney, adhering to up-to-date legal standards.
Our legal experts offer guidance on TennCare estate recovery and other estate obligations, devising strategies to minimize their effects. For out-of-state homeowners in Tennessee, we streamline property transfers and manage legal formalities, ensuring a seamless process. Trust our team to deliver solutions that protect your legacy and secure your future.
A person’s will usually enters probate when they die to follow out their intentions. Courts meticulously review it to prevent fraud or mistakes. Tennessee permits electronic signatures, but they can be complex without legal guidance. This highlights the importance of an estate attorney to help secure asset distribution and respect your final wishes.
At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.
