Estate Planning and Probate Legal Services in Chattanooga, TN
No two families are in exactly the same situation, which is why we offer a full range of estate planning and probate legal services rather than a single packaged solution. Attorney Scott Grant works directly with clients at our Chattanooga office, handling both estate planning and probate matters with the focused attention you deserve. Here is a look at what we offer.
Wills
When someone passes away without a will in Tennessee, their family is left dealing with a process they have no control over. The court follows intestacy laws that determine who gets what based on legal relationships, not personal wishes. Spouses, children, and other family members may receive very different outcomes than the deceased intended. Specific property or assets they wanted to go a specific person may end up somewhere else entirely.
A properly drafted will changes all of that. It puts you in the driver’s seat. You decide who receives your assets, who you trust to serve as executor, and who will raise your minor children if you and your spouse are both gone. It is the clearest legal expression of what you want for your family, and it is the starting point for any complete estate plan.
Our lawyers help Chattanooga clients draft wills that are clear, legally sound, and built to hold up in court. We also help clients update existing wills when life changes, including remarriage, the birth of grandchildren, new property, or shifts in your financial picture.
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Trusts
For many families in the Chattanooga area, a revocable living trust is one of the most practical decisions they can make. If you own real estate in multiple counties or across state lines, hold significant investments, or simply want to spare your family the time and expense of probate court, a living trust accomplishes all of that. Your assets transfer to your beneficiaries privately and efficiently, without a judge involved.
Using trusts in an estate plan also give you a level of control that will safeguard your family for years to come. You can specify not just who receives your assets, but when and under what conditions. That matters if you have a beneficiary who is young, dealing with a substance issue, going through a difficult marriage, or has a disability that requires careful financial management.
Additionally, irrevocable trusts serve important roles in tax planning and asset protection for clients with larger estates. Special needs trusts help families provide for a child or family member with disabilities without jeopardizing their eligibility for government benefits. Our estate attorneys help Chattanooga clients choose the right trust structure for their goals, set it up correctly, and guide their families through trust administration when the time comes.
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Probate
Losing someone is hard enough without spending the next several months navigating court filings, creditor notices, asset inventories, and legal deadlines. But that is what the probate process requires, and it requires it at the worst possible time. Tennessee probate law is specific about what needs to happen, in what order, and on what timeline. Missing a step or a deadline can create real legal complications for the estate and for heirs and beneficiaries.
Our probate attorneys in Chattanooga handle estate administration from start to finish so that your family does not have to figure it out alone. We manage the legal process, communicate with the court, address creditor claims, and work toward a clean resolution as efficiently as possible. If a will is contested or a dispute arises over how assets should be distributed, we are also prepared to represent your interests in estate litigation.
Whether the estate is straightforward or complicated by business interests, multiple properties, or family conflict, we know how to move things forward.
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Conservatorships and Guardianships
Few things are more difficult than watching a parent or spouse lose the ability to manage their own life. Whether it is the result of a stroke, advancing dementia, a serious illness, or another condition, the moment a loved one can no longer handle their finances or make sound decisions for themselves, someone has to step in. A conservatorship is the legal mechanism that allows a trusted family member to do that properly, with the court’s authorization and oversight.
We help Chattanooga families establish conservatorships with as little friction as possible during what is already an emotionally exhausting time.
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We also assist with guardianships when a minor child inherits assets and a court-appointed guardian is needed to manage that money responsibly until the child reaches adulthood. These are sensitive situations, and we handle them with the care they deserve.
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Powers of Attorney and Living Wills
Picture this: you are in the hospital following an unexpected medical emergency, and you are not in a position to communicate your wishes or authorize financial transactions. Who pays your bills? Who talks to the doctors? Who makes the call if your condition worsens and the medical team needs direction? If you do not have the right legal documents in place, these questions do not have clean answers, and your family may have to go to court to get the authority to help you.
A financial power of attorney designates someone you trust to manage your money, handle your accounts, and take care of your financial obligations if you become incapacitated. A healthcare power of attorney gives that trusted person the authority to make medical decisions on your behalf. A living will documents your wishes regarding end-of-life care so that your family is not left guessing and your doctors have clear guidance.
Together, these documents are some of the most important in any estate plan, and they are the ones needed during your lifetime as they empower others to make decisions for you. Our estate lawyers make sure each document is properly drafted, legally valid in Tennessee, and actually reflects what you want.
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Elder Law and Long-Term Care Planning
One of the most common fears we hear from clients in their sixties and seventies is that a long illness or nursing home stay will consume everything they have spent their lives building, leaving little or nothing for their children. That fear is not unfounded. Long-term care in Tennessee is expensive, and without proper planning, the costs can devastate even a well-prepared estate.
Elder law planning addresses that risk directly. We help clients in the Chattanooga area structure their assets and financial affairs in ways that preserve eligibility for Medicaid and TennCare benefits while still providing for the people they love. We also address the estate planning documents that become especially critical as you age: healthcare powers of attorney, living wills, and trust arrangements for aging family members who may need someone else to manage their finances.
This kind of planning works best when it starts before a health crisis, not after. If you are in your fifties or sixties and have not yet had a conversation about long-term care and elder law, this is the right time to have it.
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Asset Protection Planning
If you were sued tomorrow, how much of what you own would be at risk? For many business owners, professionals, and families with significant property holdings, the answer is more than they realize. A single lawsuit, an unexpected creditor claim, or a poorly structured estate can expose assets that proper legal planning would have protected.
The point of asset protection is using the legal tools available to you, the right trust structures, the right business entities, the right titling of assets, to create a layer of protection between what you own and the risks that come with living and doing business in the real world. For clients in the Chattanooga area who own rental properties, operate businesses, or hold substantial investments, this planning is essential.
We work with clients to assess where their exposure is and put the right protections in place before a problem arises. Waiting until you are already facing a claim is too late. This is planning that needs to happen in advance.
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Estate Tax Planning and Wealth Transfer
Although the current federal estate tax exemption is high, those exemptions may be significantly lower in the future. Congress could act to change it at any time, especially after important elections. Â For families in the Chattanooga area with estates in the range of $5 million or more, that change could mean a substantial and avoidable tax bill for your heirs.
Smart estate planning accounts for this. Strategies like Spousal Lifetime Access Trusts, Intentionally Defective Grantor Trusts, Grantor Retained Annuity Trusts, and Irrevocable Life Insurance Trusts exist specifically to reduce the taxable value of your estate and transfer more wealth to the people you care about. Charitable planning tools like Charitable Remainder Trusts and Charitable Lead Trusts can serve your family and the causes you believe in at the same time.
For business owners, we also build succession plans with taxes in mind. Transferring ownership of a company without accounting for the tax consequences can be an expensive mistake. We make sure it is not.
Tennessee eliminated its state inheritance tax in 2016, but federal gift taxes, capital gains, and income tax considerations still have a real impact on how much of your estate actually reaches your heirs. We help Chattanooga clients take a coordinated approach to estate and tax planning so that your wealth transfer strategy is as efficient as it can be.
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Business Succession and Business Planning
Most small business owners in Chattanooga have thought about what they want to happen to their company someday. Fewer have actually put a legal plan in place to make it happen. That gap matters more than most people realize. When a business owner dies or becomes incapacitated without a succession plan, the results can be chaotic. A co-owner may have the right to force a sale. Family members may disagree about who takes over. A business that took decades to build can unravel in months.
We help business owners in the greater Chattanooga area think through every scenario and put the right legal structures in place. That includes buy-sell agreements that govern what happens if an owner dies, becomes disabled, or wants to exit the business. It includes succession planning that addresses both management transition and ownership transfer. It includes business formation work to make sure your entity structure is giving you the legal and tax protections you need. And it includes integrating your business interests into your broader estate plan so nothing falls through the cracks.
Whether you own a medical practice, a construction company, a retail operation, or any other business in the Chattanooga area, we can help you plan for a future where your business continues to thrive and your family is protected.
Learn more about business planning in Chattanooga, TN