Estate Planning Attorney in Memphis
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June 14, 2026
An estate planning attorney helps Memphis residents create legally enforceable documents that govern how their property is managed if they become incapacitated and how it is distributed after death. Rather than relying on generic online forms drafted to apply nationwide, a local attorney prepares wills, trusts, and powers of attorney that conform to Tennessee statute and reflect a client’s family, business, and financial circumstances. Memphis is Tennessee’s second largest city, with a population of roughly 619,000 as of 2024 (U.S. Census Bureau), and its blend of established families, business owners, and retirees keeps demand steady for wills, trusts, elder law, and probate guidance rooted in state law.
Tennessee attorneys are licensed by the Tennessee Supreme Court through the Board of Law Examiners, and lawyer conduct is overseen by the Board of Professional Responsibility (BPR). Before sharing personal or financial information, a Memphis resident can confirm that a prospective estate planning attorney is licensed and in good standing through the BPR. This step is worth taking in estate planning because documents such as wills and durable powers of attorney carry legal effect over many years and frequently take effect when the client is no longer able to review them.
Estate planning in Tennessee commonly covers wills, revocable living trusts, financial and healthcare powers of attorney, advance directives or living wills, and probate and estate administration after a death. A notable feature of Tennessee law is its tax treatment: the state has no estate tax and no inheritance tax, with the inheritance tax having been fully repealed effective January 1, 2016. The federal estate tax can still apply to large estates that exceed the federal exemption, so attorneys serving higher net worth clients plan around federal thresholds and gifting strategies. For most Memphis families, the absence of a state death tax shifts the focus of planning toward probate, incapacity, elder law, and clear distribution of assets.
When a Tennessee resident dies, the estate is generally administered through probate, which in Shelby County is handled by the local probate court. Probate validates a will, appoints a personal representative, resolves creditor claims, and oversees distribution, while assets held in a properly funded revocable living trust can pass outside probate. Tennessee’s consumer protection framework, administered by the Division of Consumer Affairs under the Tennessee Consumer Protection Act (TCA 47-18-104), addresses deceptive business practices generally, though complaints about an attorney’s professional conduct go to the Board of Professional Responsibility. This article is informational and not legal advice; individuals with specific questions should consult a licensed Tennessee attorney and verify any lawyer through the BPR.
Top Estate Planning Attorney Providers in Memphis
1. The Bailey Law Firm
Address: 5100 Wheelis Drive, Suite 215, Memphis, TN 38117
Phone: (901) 843-2760
Website: https://thebaileylawfirm.com
Services: wills, living trusts, special needs trusts, community property trusts, powers of attorney, minor guardianships, probate and estate administration, trust administration, probate litigation, elder law, Medicaid eligibility planning, VA aid and attendance, conservatorships
Description: The Bailey Law Firm is a Memphis firm focused on estate planning, probate, and elder law, founded by attorney Olen M. “Mac” Bailey, Jr. and including associate attorney Jared W. Eastlack. The firm reports more than 37 years of legal experience and offers a broad set of planning tools, including wills, living trusts, special needs trusts, community property trusts, powers of attorney, and minor guardianships. Its elder law practice addresses Medicaid eligibility strategies, VA aid and attendance benefits, qualified income trusts, conservatorships, and personal care agreements, and on the administration side the firm handles probate, estate and trust administration, will contests, and probate litigation. The firm lists memberships including the Tennessee Bar Association, the Memphis Bar Association, and the National Academy of Elder Law Attorneys.
2. Mendelson Law Firm, PLLC
Address: 799 Estate Place, Memphis, TN 38120
Phone: (901) 763-2500
Website: https://mendelsonfirm.com
Services: wills and trusts, legacy and incapacity planning, powers of attorney and healthcare documents, probate, trust administration, elder law and Medicaid services, planning for minor children and young adults, remarriage and blended family planning, business and family-owned business planning
Description: Mendelson Law Firm, PLLC is a Memphis firm that concentrates on estate planning, elder law, and related family and business matters for clients in Memphis and surrounding communities. Its services span wills and trusts, legacy planning, powers of attorney and healthcare and emergency documents, probate, and trust administration. The firm also offers planning for minor children and young adults, protection for remarriage and blended families, pet planning, and elder law and Medicaid services, along with business planning for family-owned companies and assistance coordinating with financial, IRA, and retirement planning. The firm describes itself as powered by the American Academy of Estate Planning Attorneys and notes that its attorneys are licensed in Tennessee.
3. Wampler, Carroll, Wilson & Sanderson, P.C.
Address: 208 Adams Avenue, Memphis, TN 38103
Phone: (901) 523-1844
Website: https://prestonwilsonlaw.com
Services: estate planning, wills and trusts, probate, business law, personal and business bankruptcy
Description: Wampler, Carroll, Wilson & Sanderson, P.C., whose estate planning practice is presented through attorney Preston Wilson, is a Memphis firm that has served clients in Memphis and the Mid-South since 1978. Its estate planning work covers wills, trusts, and probate, and the firm pairs that practice with business law and personal and business bankruptcy services, which can be relevant for clients whose estates involve closely held businesses or debt considerations. The firm reports that its attorneys are licensed to practice in both Tennessee and Mississippi, a useful reach given the Memphis area’s location near the state line.
Frequently Asked Questions About Estate Planning Attorney in Memphis
Q: Does Tennessee have an estate tax or inheritance tax?
No. Tennessee has no state estate tax, and its inheritance tax was fully repealed effective January 1, 2016, so estates of Tennessee residents are not subject to a state-level death tax. The federal estate tax can still apply to estates that exceed the federal exemption amount, so families with larger estates often plan around federal thresholds. For most Memphis households, the absence of a state death tax means estate planning centers on probate, incapacity, elder law, and clear distribution of assets.
Q: How do I verify that a Memphis estate planning attorney is licensed?
Tennessee attorneys are licensed by the Tennessee Supreme Court through the Board of Law Examiners, and their standing is overseen by the Board of Professional Responsibility (BPR). You can confirm that a lawyer is licensed and in good standing, and review any public disciplinary history, through the BPR before hiring. Verifying licensure is a prudent step before sharing financial details or signing documents that direct your assets.
Q: What documents are typically included in a Tennessee estate plan?
A typical Tennessee estate plan includes a last will and testament, often a revocable living trust, a durable financial power of attorney, a healthcare power of attorney, and an advance directive or living will. Depending on circumstances, a plan may add special needs trusts, business succession provisions, or elder law tools such as Medicaid planning. An attorney tailors the combination of documents to the client’s family, assets, and goals.
Q: Where is probate handled for a Memphis resident?
Probate for a Shelby County resident is handled through the local probate court, which validates the will, appoints a personal representative, addresses creditor claims, and oversees distribution of the estate. Assets titled in a properly funded revocable living trust, or passing by beneficiary designation or joint ownership, generally avoid probate. An estate planning attorney can structure an estate to reduce what must pass through the probate process.
Q: What is elder law and how does it relate to estate planning?
Elder law addresses the legal needs that often arise with aging, including long-term care planning, Medicaid eligibility, VA benefits, conservatorships, and incapacity planning, and it frequently overlaps with estate planning. Several Memphis firms combine the two so that a single plan can address both how assets pass at death and how care and decision-making are managed during a period of incapacity. Tools such as durable powers of attorney and certain trusts serve both purposes.
Q: How do I file a complaint about an attorney’s conduct in Tennessee?
Complaints about a Tennessee lawyer’s professional conduct are directed to the Board of Professional Responsibility, which investigates ethics matters and administers attorney discipline. Consumer complaints about deceptive business practices more generally can go to the Tennessee Division of Consumer Affairs under the Tennessee Consumer Protection Act (TCA 47-18-104). Keeping copies of the engagement agreement, billing statements, and relevant correspondence supports any complaint.