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Nashville Living Trust Attorney
A living trust lets you say in writing who controls your property and who receives it. Talk with attorney Kim Thompson about whether one fits your family, and what has to happen for it to work.
A living trust is a way to put in writing who controls your property and who receives it. The FDIC describes living trusts, also called family trusts, as revocable trusts set up by a written trust agreement, generally for estate planning. Under the agreement you control the assets in the trust during your lifetime. You may see the person who creates one called the grantor, settlor or trustor.
The reasons to consider one are practical. You want a say in who steps in and where the house goes. Thompson Law works with individuals and families in Nashville and Middle Tennessee, and you talk directly with attorney Kim Thompson.
Living trust or will in Davidson County?
In Davidson County, the Seventh Circuit Court, Probate Division, has exclusive jurisdiction over the administration of estates, including the probate of wills. A trust is a different document with a different job. Our guide to a will or a living trust in Nashville walks through what that court handles, what it costs to open an estate and how each option compares.
What has to happen for a trust to work
A trust agreement is only part of it. The things you want it to control have to be dealt with too.
- Your home. Ownership is shown by a deed. The Register of Deeds will not prepare or help prepare one and says to consult an attorney. See putting your Nashville home in a living trust.
- Bank deposits. The FDIC looks to the account title or the bank’s records to identify a trust account, and coverage depends on owners and eligible beneficiaries. See FDIC coverage for deposits in a living trust.
- Medical decisions. These are not covered by a trust. See the Tennessee Advance Directive for Health Care.
What a living trust does not settle on its own
- Taxes. Tennessee’s inheritance tax does not apply to deaths in 2016 or later, and the federal filing threshold is $15,000,000 for 2026. A trust does not change the fact that the IRS may count it in a gross estate. Read does Tennessee tax your estate.
- Long-term care. If TennCare pays for long-term care, federal law requires it to seek recovery after death, with some waivers. Its page does not say how a living trust is treated. Read TennCare estate recovery.
Questions to bring to the consultation
- Do you own a home or other real estate, and how is the title held?
- Who do you want in charge if you cannot manage your own affairs?
- Who should receive what, and is anyone a minor or in need of care?
- Do you already have a will, a trust or an advance directive?
- Is long-term care or TennCare part of the picture?
If a will and other estate documents are the better fit for your family, you should hear that up front.
Start with a free consultation
Call (615) 832-2335 to schedule a free consultation with attorney Kim Thompson, or contact the firm. The office is at 4525 Harding Pike Suite 259, and the firm serves Nashville and Middle Tennessee.
- A written trust agreement
The FDIC describes a living trust as a revocable trust set up by a written agreement. You control the assets in it during your lifetime, and it names who receives them at your death.
- Your home and the deed
A deed is the document that shows who owns your property. The Davidson County Register of Deeds will not prepare one, and it records only original, signed, notarized documents.
- Bank accounts
For FDIC coverage as a trust account, the account title or the bank's records must identify it as one. Words such as "living trust" or "family trust" do that.
- Health care decisions
A living trust deals with assets. Medical decisions belong in Tennessee's Advance Directive for Health Care, which is a separate document.
FAQ
Nashville Living Trust Attorney Questions
Still have questions? Call for a free consultation.
What is a living trust?
The FDIC describes living trusts, also called family trusts, as revocable trusts set up by a written trust agreement, generally for estate planning. Under the agreement, the owner controls the assets in the trust during his or her lifetime, and the trust names who receives them at the owner's death.
Does a living trust mean my family never deals with the probate court?
Not necessarily. The Davidson County Probate Court has exclusive jurisdiction over the administration of estates, including the probate of wills, and it also lists legal issues involving trusts among the matters it handles. Property left outside the trust can raise its own questions, so it is worth going through what you own.
Does a living trust reduce federal estate tax?
Do not assume so. The IRS lists trusts among the property that may be included in a gross estate and says the gross estate will likely include non-probate as well as probate property. A return is required only above the filing threshold, which is $15,000,000 for deaths in 2026.
Does a living trust protect a home from TennCare estate recovery?
TennCare's estate recovery page does not say how property in a living trust is treated. It defines your estate as the property, belongings, money and other assets you own before death. Ask this question before relying on a trust for that purpose.
Do I need a living trust, or is a will enough?
It depends on your family and what you own. For some people a will may be the simpler answer, and you should hear that up front. A free consultation is the place to work through it.
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A living trust lets you say in writing who controls your property and who receives it. Talk with attorney Kim Thompson about whether one fits your family, and what has to happen for it to work.