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Guardianship Attorneys in Franklin, TN

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In Tennessee, a minor child cannot directly receive or manage inherited assets. When a child is set to receive money through a will, a life insurance policy, a settlement, or another source, the court typically requires a guardian of the estate to manage those assets until the child reaches adulthood. The exception is when a properly structured trust is already in place to receive the funds, which avoids the guardianship process entirely. 

Guardianship Attorneys in Franklin, TN 

If you need a guardianship attorney in Franklin, TN, Crow Estate Planning and Probate helps families throughout Williamson County establish and manage guardianships for minor children who have inherited money, received settlements, or need a legally appointed person to manage assets on their behalf. 

When a minor child is set to receive money or property, whether through a will, a life insurance policy, a personal injury settlement, or a wrongful death claim, Tennessee law does not allow that child to manage those assets on their own. Until a minor child reaches the age of majority, someone with legal authority must step in to manage and protect what belongs to them. 

That is where guardianship comes in. In Tennessee, guardianship is the legal process by which a court appoints a person to manage the property and finances of a minor child. The guardian securely holds those assets on behalf of the child, manages them responsibly, and accounts to the court on a regular basis until the guardianship ends. 

The process involves real deadlines and court requirements. Funds tied up without a properly appointed guardian can be frozen or inaccessible for months, and mistakes in the petition or accounting process create delays that affect the child directly. Getting it right from the start matters. 

Not sure whether a guardianship is required in your situation? Contact our Franklin office for a free, confidential consultation. We will walk you through the legal requirements and tell you exactly what needs to happen next. Call 629-400-6447 or reach out online. 

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When Does a Minor Child Need a Guardian in Tennessee? 

A guardian is required any time a minor child stands to receive or hold assets they cannot legally manage themselves. The following situations commonly lead families to our guardianship attorneys in Franklin. 

  • Inheriting through a will. When a minor child is directly named as a beneficiary in a will and there is no trust set up to receive the assets, the court will require a guardian of the estate to manage the inherited property on the child’s behalf. 
  • Beneficiary on bank and investment accounts. Sometimes children directly inherit money because they were named as a payable on death (POD) beneficiary on a bank or investment account. When that occurs, a guardianship must be established to manage those assets. 
  • Life insurance proceeds. If a minor child is named as the beneficiary of a life insurance policy, the insurance company generally cannot pay the proceeds directly to a child. A court-appointed guardian is typically required before the funds can be released. 
  • Personal injury or wrongful death settlements. When a minor child receives money from a personal injury claim or wrongful death settlement, the court requires a guardian to manage those funds and protect the child’s interests throughout the legal process. 
  • Intestate inheritance. When a parent passes away without a will and a minor child is an heir under Tennessee’s intestacy laws, guardianship of the estate may be required to receive and manage the child’s share of the estate. 
  • Both parents pass away. When both parents die before a minor child reaches the age of majority, guardianship of the person is typically needed along with guardianship of the estate if the child is inheriting assets. 
  • Post-divorce estate situations. After a divorce, if the parent who had custody passes away or becomes incapacitated, the surviving parent may have custody but a separate guardian of the estate may still be required to manage assets a minor child inherits from the deceased parent. 

What Is Guardianship in Tennessee? 

Guardianship is a legal arrangement established by a court to protect a minor child who cannot act on their own behalf. Under Tennessee law, a guardian is a person appointed by the court to manage the personal affairs and property of a minor child. 

Guardianship is fiduciary in nature. That means the guardian does not own the child’s assets themselves. They are entrusted with them and are legally required to act in the child’s best interests at all times. A guardian who mismanages the ward’s property or fails to follow the court’s instructions can face serious legal consequences. 

It is also important to understand how guardianship differs from conservatorship in Tennessee. Guardianships are generally used for minor children. Conservatorships are the legal process used for individuals who have become incapacitated due to illness, injury, or disability. While the duties are similar, they are separate legal arrangements.  

If your situation involves a loved one who can no longer manage their own affairs, conservatorship, not guardianship, is likely the appropriate path. Our conservatorship attorneys in Franklin handle those matters separately. 

Guardianship of the Person vs. Guardianship of the Estate 

Tennessee recognizes two distinct types of guardianship for minor children, and it is important to understand which one applies to your situation. 

Guardianship of the Person 

Guardianship of the person gives the guardian legal authority over the child’s physical care and well-being. This includes decisions about where the child lives, their education, healthcare decisions, and other day-to-day matters. A guardian of the person steps into a parental role when parents are no longer able to care for the child. 

This type of guardianship typically arises when both parents have passed away, when parental rights have been terminated, or when parents have become incapacitated and cannot provide care. Grandparents and other close family members often petition the court for this type of guardianship when a minor child is left without a capable parent. 

Guardianship of the Estate 

Guardianship of the estate gives the guardian legal authority to manage a minor child’s financial affairs and property. This is the type of guardianship our attorneys most commonly handle in Franklin, Tennessee. 

Because minor children cannot legally enter into contracts, receive money directly, or manage property on their own, a guardian of the estate must step in whenever a minor child is set to receive assets of meaningful value. The guardian manages those assets under the court’s supervision, reports to the court regularly, and distributes the remaining assets to the child when the guardianship ends. 

In many cases, the same person serves as both guardian of the person and guardian of the estate. However, these are two separate roles, and a court may appoint different people to each one depending on the circumstances. 

The Small Funds Exception 

Not every situation requires a formal guardianship proceeding. Tennessee law provides an exception for smaller amounts that a minor may receive. If the total property a minor child stands to receive does not exceed $25,000, the court may order that property to be delivered to the child’s natural guardian or another appropriate person without appointing a formal guardian. 

This exception can simplify the process significantly for families dealing with modest amounts. However, whether this exception applies depends on the specific facts of your situation, and it is ultimately up to the court’s discretion whether to release the funds to the natural guardian. A guardianship attorney can help you determine whether it is available and appropriate in your case. 

How the Tennessee Guardianship Process Works 

Establishing guardianship in Tennessee follows a structured legal process overseen by the court. For families in Franklin, Tennessee, petitions are typically filed in the Probate Division of the Williamson County Chancery Court. Here is an overview of what to expect. 

Filing the Petition 

The guardianship process begins with a verified petition filed with the court. The petition identifies the minor child, explains why a guardian is needed, and names the person asking to serve as guardian. The case is generally filed in the county where the minor child lives or where the custodial parent resides if the parents are living apart. 

Required documentation must be included with or submitted alongside the petition. The court will not move forward without a complete and properly verified pleading, which is one reason having an attorney prepare and review the petition makes a meaningful difference in how smoothly the legal process goes. 

Notice to Interested Parties 

Once the petition is filed, interested parties must be notified. This typically includes the minor child’s parents, other close family members, and anyone who has a meaningful stake in the child’s well-being or the management of the child’s assets. Interested parties have the right to appear at the court hearing and be heard. 

Guardian Ad Litem 

In some cases, the court will appoint a guardian ad litem to independently represent the best interests of the minor child during the proceedings. A guardian ad litem investigates the circumstances and provides the court with a recommendation focused solely on what is best for the child. When a parent is the one petitioning the court to serve as guardian, the court generally will not appoint a guardian ad litem, as the interests of the child and petitioner are typically aligned. 

The Court Hearing 

A court hearing is held where a judge or Probate Master reviews the petition, considers any input from interested parties, and decides whether to establish the guardianship. If the court grants the petition, it issues an order naming the guardian and specifying the scope of their authority, any bond requirements, approved categories of expenditures, and restrictions on the sale or transfer of the minor’s property without court approval. 

The court’s order is carefully tailored to protect the minor child’s assets while still giving the guardian the legal authority they need to manage those assets responsibly. Once the order is issued, the guardian has the legal right and obligation to act on the child’s behalf within the boundaries the court sets. 

Bond Requirements 

For guardians managing a minor’s estate, the court typically requires a bond. A bond is a financial guarantee that protects the minor child’s assets in case the guardian mismanages or misappropriates them. The bond amount is generally set based on the value of the assets being managed. Your attorney can help you understand the bond requirements in your specific case and how to satisfy them. 

What Are the Guardian’s Duties? 

A guardian of the estate holds a fiduciary position. This is one of the highest standards of responsibility the law recognizes. The guardian must put the minor child’s interests first at all times and manage the child’s assets with prudence and care. Acting in the guardian’s own self-interest at the expense of the ward is strictly prohibited. 

The core responsibilities of a guardian of the estate in Tennessee include the following. 

  • Managing the minor’s assets prudently. This includes investing and preserving the assets in a manner consistent with the court’s orders and Tennessee law. 
  • Paying bills and expenses on behalf of the minor. The guardian can use the minor’s funds for the child’s support, education, and other needs, subject to the court’s approval and any restrictions in the guardianship order. 
  • Filing inventory. Within sixty days of appointment, the guardian must file an inventory of the assets subject to the guardianship with the Chancery Court. 
  • Accounting to the court. Guardians are required to file periodic reporting with the court, typically on an annual basis. These accountings detail all assets under management, any money received, and all expenditures made on behalf of the minor. 
  • Seeking court approval for significant transactions. A guardian generally cannot sell, encumber, or transfer the minor’s property without first obtaining court approval. This protects the minor’s assets from being depleted without judicial oversight. 
  • Filing a final accounting when the guardianship ends. When the guardianship terminates, the guardian must file a complete final accounting with the court covering all assets, receipts, and disbursements throughout the guardianship. If no objections are filed within 30 days, the guardian may distribute the remaining assets and close the guardianship. 

How Long Does Guardianship Last in Tennessee? 

Guardianship of the person generally terminates when the minor child reaches the age of majority, which is 18 in Tennessee. At that point, the young adult has the legal right to make their own personal decisions, and the guardian’s authority over their care and daily life ends. 

Guardianships Can Last Longer than 18 Years Old 

Guardianship of the estate can sometimes extend beyond the age of majority. Tennessee law allows a guardianship of the estate to continue past age 18 if the court finds that it remains in the ward’s best interests and determines that the ward is not yet capable of responsibly managing their own property. However, a guardianship of the estate cannot continue beyond the ward’s 25th birthday. The burden of proving that continuation is appropriate falls on the party requesting it. 

When the guardianship does end, the guardian files a final accounting, distributes the remaining assets to the former ward, and formally closes the guardianship with the court. 

Divorce and Guardianship: How They Intersect 

Divorce and guardianship often intersect in ways families do not anticipate. When parents divorce and one parent later passes away, the surviving parent typically steps in to care for the minor child. But if the deceased parent leaves assets to the child through a will or intestate inheritance, those assets cannot simply be handed over. Even with a surviving parent in the picture, a formal guardianship of the estate may be required to receive and manage the minor child’s inherited property. 

Divorce can also complicate questions about who should serve as guardian of the person. When both parents have passed away following a divorce, there may be competing family members from each side of the family who want to step in. The court resolves these disputes based on the best interests of the minor child, not family preference. 

The Most Common Mistake Parents Make 

The single most preventable guardianship situation we see is when parents name a minor child directly as a beneficiary in their will, on a life insurance policy, or on a bank or investment account, rather than routing those assets to a trust. It seems straightforward, but it creates exactly the problem guardianship is designed to solve. 

When a minor child is named directly, there is no way to transfer those assets to them without a court-appointed guardian of the estate. That means filing a petition, posting a bond, filing an inventory within sixty days, submitting annual accountings, and managing the process until the child turns 18, at which point all the money goes to the young adult in one lump sum. 

A minor’s trust, by contrast, requires none of that. The trustee manages the assets privately, can use them for the child’s benefit along the way, and can hold them until the child is older and better prepared to handle them responsibly. There is no court oversight, no bond, and no annual accountings. 

If you are creating or updating your estate plan, fixing this is the single most important thing you can do for your children’s financial future. Our attorneys help families get this right before a guardianship becomes necessary. 

Alternatives to Guardianship: Avoiding Court Supervision 

Guardianship involves ongoing court oversight, annual accounting requirements, and reporting obligations that can be time-consuming and costly. In many cases, a properly structured estate plan can avoid guardianship entirely while still protecting the minor child’s assets. If you are doing your estate planning now, exploring alternatives before assets ever pass to a minor child is almost always the smarter approach. 

Minor’s Trust 

A minor’s trust is one of the most effective tools for avoiding guardianship. Rather than leaving assets directly to a minor child in your will, you leave them to a trust established for the child’s benefit. The trustee manages those assets under the terms of the trust without any requirement to report to the court or seek court approval for transactions. 

A well-drafted minor’s trust gives the trustee the flexibility to use funds for the child’s education, health, and support, while preserving assets for distribution when the child reaches an age you choose, which can be later than 18 if you prefer the assets not be handed over all at once at the age of majority. 

Tennessee law also gives the court the authority to direct a minor child’s inherited funds into a trust under the Tennessee Uniform Trust Code when the court determines that arrangement to be in the child’s best interests, even if no trust was set up in advance. 

Naming a Custodial Guardian in Your Will 

Even if you use a minor’s trust to handle assets, you should still name a custodial guardian for your minor children in your will. If something happens to both parents, the person named in the will can petition the court to formalize the guardianship. While the court is not bound by your nomination, it carries significant weight and gives the court clear direction about your wishes. 

Without a will naming a guardian, the court must decide among competing family members and interested parties without any guidance from you. That process can be contentious and stressful at an already difficult time for your family. 

Estate Planning for Parents with Minor Children 

Guardianship issues are, at their core, an estate planning problem with a court-supervised solution. If you plan ahead, you can often avoid the guardianship process entirely or at least make it far smoother for the family members who step in. 

A solid estate plan for parents with minor children typically includes a will that names a custodial guardian, a minor’s trust or a revocable living trust with provisions for minor beneficiaries, and beneficiary designations on life insurance and retirement accounts that route assets to the trust rather than directly to minor children. 

These tools work together to make sure the right people are in charge of your children’s care and assets if something happens to you, without forcing your family through a court-supervised guardianship process. The time and cost of setting up a proper estate plan is a fraction of what guardianship proceedings cost over the years. 

If you already have an estate plan, it is worth reviewing whether it adequately addresses what happens to assets that pass to your minor children. Many plans are drafted years earlier and do not account for changes in your family, your assets, or the law. 

Serving Franklin, Williamson County, and Middle Tennessee 

We serve families throughout Williamson County and the broader Middle Tennessee area, including Brentwood, Spring Hill, Thompson’s Station, Nolensville, and Columbia. 

Our guardianship attorney, Alexandra Hulme, understands local court procedures in Williamson County and works regularly with the Williamson County Chancery Court, which handles guardianship and probate matters in this area. Knowing the local process and the people involved matters when you are trying to move efficiently through a guardianship proceeding. 

Franklin, Tennessee has experienced significant growth in recent years, and with that growth comes an increasing number of families dealing with inheritance situations involving minor children. We are proud to offer responsive, local legal services to the families who call this community home. 

Why Clients in Franklin Choose Crow Estate Planning and Probate 

Our practice focuses exclusively on estate planning, probate, guardianship, and conservatorship matters. We are not a general practice law firm dividing attention across divorce, personal injury, criminal law, and family law matters. That focused legal expertise means our guardianship attorneys have deep, current knowledge of Tennessee law in these specific areas. 

Here is what our clients consistently tell us sets us apart. 

  • Personalized attention. We take the time to understand your specific situation before we give you guidance. Whether you are a parent doing estate planning, a grandparent who needs to establish guardianship of a grandchild, or a family member managing an inheritance situation involving a minor child, we build our legal counsel around your circumstances. 
  • Plain language guidance. Guardianship proceedings can feel overwhelming, especially when you are also grieving a loss or managing a difficult family situation. We explain the legal process clearly so you can make informed decisions without legal jargon getting in the way. 
  • We know where guardianships break down. Because we handle contested cases and litigate estate matters, we see firsthand what goes wrong when guardianships are mishandled or poorly structured. That experience means we get things right from the beginning and recognize when something needs to be challenged. 
  • Knowledge of local court procedures. We practice regularly in Williamson County and understand how the Chancery Court handles guardianship and probate matters in this area. That local knowledge makes the process smoother for our clients. 
  • Transparent communication. We are upfront about fees, timelines, and what to expect. No surprises and no billing by the minute for every phone call. 
  • Broad range of guardianship and estate planning services. From establishing a guardianship to setting up a minor’s trust to avoid one, we handle the full spectrum of legal arrangements that protect minor children and their assets. 
  • Free, confidential consultation. All new clients receive a free, no-obligation consultation. Call, come in, or connect by video to talk through your situation and understand your options. 
  • 400+ five-star reviews. Families from Franklin, Brentwood, Spring Hill, and across Williamson County trust us with their most important legal decisions. 

Frequently Asked Questions About Guardianship in Franklin, TN

Minor children cannot legally enter into contracts, hold title to significant assets, or manage property on their own under Tennessee law. When a minor child is set to receive money or property, either through a will, a beneficiary designation, or a court award, the law requires someone with legal authority to manage those assets on the child’s behalf. Without a guardian of the estate or a properly structured trust, the assets may be frozen or delayed until the court establishes the appropriate legal arrangement. 

Tennessee provides an exception for smaller amounts. If the total property a minor child stands to receive does not exceed $25,000, the court may order it delivered to the natural guardian or another appropriate person without a formal guardianship proceeding. If the amount exceeds that threshold, a formal guardian of the estate is generally required. 

A guardian of the estate must file an inventory with the Williamson County Chancery Court within sixty days of appointment. After that, the guardian is required to file annual accountings detailing all assets under management, all money received on the minor’s behalf, and all expenditures made during the reporting period. The court reviews these filings to make sure the guardian is managing the minor’s property appropriately. A final accounting must be filed when the guardianship ends, and the guardian distributes the remaining assets after the court approves the final report. 

Not without court approval. A guardian of the estate generally cannot sell, transfer, or encumber the minor’s property without first petitioning the court and obtaining an order authorizing the transaction. This protects the minor’s assets from being depleted without proper oversight. 

Guardianship of the estate generally ends when the minor child reaches the age of majority, which is 18 in Tennessee. At that point, the remaining assets are distributed to the former ward after the guardian files and the court approves a final accounting. If the court determines that the now-adult ward is still not capable of managing their own property, the guardianship of the estate can be extended up to age 25, but the party seeking that extension must show it is in the ward’s best interests. 

In most cases, yes. A minor’s trust, set up within your will or as a standalone document, can receive and manage assets on behalf of your minor children without any court supervision. A properly drafted trust avoids the guardianship process entirely and gives you more control over how and when your children receive the assets. Our estate planning attorneys can help you determine whether a trust is the right solution and draft one that fits your family’s needs. 

To establish a guardianship of the estate in Williamson County, you file a verified petition with the Chancery Court, provide required documentation, and attend a court hearing where a Probate Master determines whether to establish the guardianship and issue a guardianship order. Our guardianship attorneys handle this process regularly and can walk you through every step, from preparing the petition to fulfilling the ongoing court reporting requirements after the guardianship is in place. 

A guardian ad litem is an individual appointed by the court to independently represent the best interests of the minor child during the guardianship proceeding. The guardian ad litem investigates the circumstances and makes a recommendation to the court that is focused solely on what is best for the child, separate from what the petitioner or other interested parties want. The court may appoint one on its own, or a party can request one. You do not hire the guardian ad litem; that person is appointed by and reports to the court. 

Speak With a Guardianship Attorney in Franklin, TN Today

If a minor child in your family is set to receive an inheritance, a settlement, or other assets, or if you are a parent who wants to make sure your estate plan protects your children without putting them through a court-supervised guardianship, our team is ready to help. 

We offer a free consultation to all new clients in Franklin, Tennessee and throughout Williamson County. There is no obligation. Call our Franklin office at 629-400-6447 or contact us online to schedule your consultation. Our guardianship attorneys look forward to providing the personalized legal counsel your family deserves. 

 

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