Does everybody in Tennessee need a living trust? Today, I'm going to answer that question.
I have a lot of clients who come to me, and a lot of people who know I'm an estate planning attorney, and they are all asking for living trusts because they've been told by a friend or by a neighbor that they absolutely need a living trust. Is that true? Do we all need living trusts? The answer may surprise you.
But first, let's go to a little bit of a backstory about why I think this is happening and why everyone feels like they need a living trust. A lot of people are coming to our beautiful state from places like California, a place where having a living trust is a very, very necessary tool.
Why? Because in California, it's my understanding that the attorney gets paid a percentage of the value of the probate estate. So, for example, if a home is worth $20 million, an attorney will get a percentage of the estate for handling that estate, even though just a single house does not make for a very complex probate process.
That's not how it is in Tennessee. In Tennessee, lawyers are not paid based on the value of the estate. So doing that to avoid probate, or doing a living trust to avoid probate in Tennessee just for the sake of avoiding probate, doesn't make sense.
You're not comparing apples to apples. California and Tennessee are very different in the probate process, cost, and length. So I would say that not everyone needs a living trust.
Can living trusts be helpful? Absolutely. If you are someone with assets in a variety of states, if you've got a home in Tennessee, and you've still got one, let's say, in Arizona or down in Florida, then absolutely, you're going to want to have a living trust in most circumstances so that you can avoid having to have multiple probates.
You can watch the video below to learn more.