The Death Readiness Podcast: Not your dad’s estate planning podcast
What Really Happens with DIY Wills and other Lessons from the Bench
Episode Notes
Jill talks with Judge Andra Hedrick, the first female probate court judge in Davidson County, Tennessee, to pull back the curtain on what really happens when DIY wills, internet forms, and quick-fix estate plans land in probate court. They discuss the rise of homemade documents, the conflicts they leave behind, and what families should know about probate, guardianships, and conservatorships. Judge Hedrick also shares insights on how the court works day-to-day, including what happens when families show up without a lawyer and why making your wishes clear is the best way to protect your loved ones.
What We Discussed:
What Probate Actually Means
- Why a will has no legal effect until it is admitted to probate.
- How the petition process works and what “pro se” (representing yourself) looks like in court.
Beyond Wills: Other Roles of Probate Court
- Guardianships for minors inheriting money.
- Emancipation proceedings for minors entering contracts (like young entertainers).
- Conservatorships for adults with disabilities or cognitive decline, and the conflicts that arise when family members disagree.
Challenges in Court
- Families surprised by estate outcomes that don’t match verbal promises.
- The risks of vague or conflicting instructions from a deceased loved one.
The Rise of DIY and Internet Wills
- Why homemade wills often create confusion and costly cleanup.
- Missing provisions (like residuary clauses) that cause unintended gaps.
- Examples of ambiguous language and why precision matters.
- Why fixing problems after death is far more expensive than doing it right from the start.
Inside the Courtroom
- Open access to the public and how hearings can often be observed (sometimes even via Zoom).
- Court culture and expectations around dress, conduct, and participation.
- Judge Hedrick’s perspective on keeping the court accessible to all.
Resources & Links
- Parent Prep Plan – If you’re worried your parents may try the DIY will route, Jill can help walk them through the estate planning process with the right attorney and keep things moving forward: Parent Prep Plan — Death Readiness
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