BERNSTEIN, STAIR & McADAMS LLP
Wills, Trusts, & Estate Planning
Areas of Practice
Estate Planning
Helping Individuals and Families Across East Tennessee Protect Their Assets, Plan for Incapacity, and Secure Their Legacy
At Bernstein, Stair & McAdams LLP, our Knoxville estate planning attorneys work with individuals, families, and business owners to create customized estate plans tailored to Tennessee law. We help clients protect assets, avoid unnecessary probate complications, minimize family disputes, and ensure their wishes are clearly documented. We help clients from start to finish, including working through the probate process with family members of decedents.
Whether you need a simple will, a revocable living trust, powers of attorney, or a comprehensive multi-generational estate strategy, our attorneys provide thoughtful, practical guidance grounded in decades of experience serving clients throughout Knoxville and Knox County.
Estate planning is not just about distributing property. It is about protecting your family, planning for incapacity, and creating clarity during difficult times. Our firm takes the time to understand your goals and craft a plan that reflects your unique circumstances.
Who We Represent
Our wills, trusts, and estate planning practice serves:
- Individuals planning for the future
- Families seeking long-term asset protection
- Parents with minor children
- Individuals planning for incapacity or healthcare decisions
- Clients seeking generational planning solutions
We regularly assist professionals, retirees, business owners, blended families, and individuals with complex asset structures. Our estate planning services are tailored to address both straightforward planning needs and more sophisticated strategies involving trusts, business succession, and asset protection.
Business Succession and Estate Planning
For business owners, estate planning involves more than personal asset distribution. A comprehensive plan must address business continuity, ownership transitions, and tax considerations. Our attorneys assist Knoxville business owners in structuring succession plans that align with both estate planning objectives and long-term operational stability.
Estate Planning Under Tennessee Law
Estate planning in Tennessee involves specific statutory requirements that must be followed to ensure documents are valid and enforceable. Our attorneys prepare wills, trusts, and powers of attorney that comply with Tennessee law and are structured to withstand challenges.
We advise clients on strategies designed to reduce administrative burdens, protect beneficiaries, and ensure efficient asset transfer.
Wills, Trusts & Estate Planning Matters We Handle
- Last wills and testaments
- Revocable and irrevocable trusts
- Powers of attorney for finances
- Powers of attorney for healthcare
- Living wills and advance healthcare directives
- Guardianship designations for minor children
- Estate planning for blended or complex families
- Asset distribution and beneficiary planning
- Coordination with probate and estate administration
Planning for Minor Children
Regardless of income or net worth, parents with minor children should have an estate plan in place. Through a will, parents have the critical ability to designate a guardian for minor children in the event of an untimely passing. Our attorneys guide parents through these decisions carefully, ensuring plans reflect both legal standards and family considerations.
For parents, estate planning is critical. Without a properly drafted will, Tennessee intestacy laws determine who will receive your assets and who may petition to serve as guardian for your children. Naming a guardian and establishing financial protections through trusts can provide long-term stability and protection.
Estate Planning Focused on Your Unique Circumstances
Estate planning is not solely about transferring property at death. A well-structured estate plan addresses incapacity planning, family relationships, asset protection, and long-term goals. Our attorneys work closely with clients to ensure their plans reflect both legal requirements and personal priorities.
The Last Will and Testament serves as the foundation of many estate plans and may be used alone or in conjunction with trusts and other planning tools to ensure loved ones are cared for and assets are distributed according to your wishes.
Frequently Asked Questions
What happens if I die without a will in Tennessee?
If you die without a valid will, Tennessee intestacy laws determine how your assets are distributed. This means the court — not you — decides who inherits your property according to statutory guidelines. The estate will go through probate, and the outcome may not reflect your personal wishes. Proper estate planning in Knoxville ensures your intentions are clearly documented and legally enforceable.
How long does probate take in Knox County?
Probate timelines vary depending on the complexity of the estate, creditor claims, and whether disputes arise. Even straightforward estates in Knox County typically take several months to complete. More complex estates involving business interests or litigation may take significantly longer. Strategic estate planning can reduce administrative burdens and delays.
Can a trust help avoid probate in Tennessee?
Yes. A properly funded revocable living trust can allow certain assets to pass outside of probate. Trusts may provide greater privacy, continuity in asset management, and administrative efficiency. Whether a trust is appropriate depends on your estate size, asset structure, and long-term goals.
Do I need powers of attorney in addition to a will?
Yes. A will only becomes effective after death. Durable powers of attorney and healthcare directives allow trusted individuals to make financial and medical decisions if you become incapacitated during your lifetime. Comprehensive estate planning addresses both incapacity and post-death asset distribution.
Do I need a will or a trust in Tennessee?
A will directs how assets are distributed through probate, while a revocable living trust may allow assets to transfer outside of probate. Trusts may be beneficial for individuals seeking privacy, asset management flexibility, or simplified administration. The appropriate structure depends on your financial situation and long-term planning objectives.
When should I update my estate plan?
You should review your estate plan after major life events such as marriage, divorce, the birth of a child, relocation, significant asset changes, or changes in tax law. Even without major life changes, periodic review ensures your documents remain aligned with your wishes.
Can estate planning reduce the risk of family disputes?
Yes. Clear drafting, properly structured trusts, and precise beneficiary designations can reduce the likelihood of contested wills or litigation. Proactive planning provides clarity and minimizes ambiguity for surviving family members.
Why Choose Our Knoxville Estate Planning Attorneys?
Our firm brings decades of experience serving individuals and families throughout Knoxville and East Tennessee. We take a comprehensive approach to estate planning, ensuring documents are properly executed, coordinated, and aligned with your broader financial and family objectives.
Unlike one-size-fits-all document services, we provide tailored legal guidance based on your specific goals and Tennessee law requirements. From simple wills to complex trust structures, our attorneys are committed to helping clients plan with confidence.
Meet Our Estate Planning Team
W. Tyler Chastain
Partner
L. Ceasar Stair IV
Partner
Matthew T. McDonald
Partner
Amanda M. Busby
Of Counsel
Charles H. Child
Of Counsel
Sloane R. Davis
Associate Attorney
