A Knoxville Lawyer Dedicated To Protecting And Preserving Families.

Wills, Trusts & Estate Planning

Are you fully prepared for the unexpected death or disability of yourself or someone you love?

I am attorney David A. Montgomery. As a lawyer educated at Yale Law School, I learned the importance of the smallest accuracy when drafting Wills, setting up trusts, and preparing other wealth transfer documents. By obtaining an advanced degree in tax law from Emory Law School, I was trained in the intricacies of federal income, estate, and gift tax laws.

A History of Excellence

During my many years of work as a lawyer, I have devoted a majority of my practice to assisting individuals and families with their estate planning needs, which has included people with simple estates to the wealthy. I have also helped many people work through the intricacies of the probate process.

As an estate planning attorney, I have sharpened my skills and trained others through making numerous presentations to other lawyers, accountants and financial planners on estate planning, disability planning, charitable giving, family limited partnerships, life insurance trusts, business succession planning, special needs planning, and other related topics.

Comprehensive Estate Planning Services

I now work with individuals and families across East Tennessee in identifying their estate planning goals and in designing the best plan to achieve those goals. I also design plans to provide for physical or mental disability prior to death.

The estate and disability planning strategies that I can discuss with you include:

  • Wills (simple and complex)
  • Revocable living trusts
  • Minor’s trusts
  • Special needs trusts
  • Life insurance trusts
  • Charitable remainder trusts
  • Financial powers of attorney
  • Advance Directives for Health Care

Frequently Asked Questions

This area of the law can be confusing. Here are answers to some regularly asked questions about Wills, trusts and estate planning:

Do I need a will or trust?

Both Wills and trusts can be impactful parts of an estate plan. They each have different purposes. Both can be used to distribute your assets after your death, but both have a few additional benefits. A Will can be used to name guardians for your kids and include your wishes for a funeral or burial. A trust is useful, because it can transfer assets prior to death. Depending on your situation, it can be helpful to have both a Will and a trust, but some people may be better suited to just one.

What estate planning can help me avoid taxes?

There are several different estate planning strategies that can help avoid or reduce estate taxes. One of the most common is to establish a trust which can help people reduce both inheritance and estate taxes. At an appointment, I can give you more information about tax-avoiding estate planning methods.

Do wills have to go through probate in Tennessee?

Probate is necessary depending on the type of assets in your estate. Certain assets go through probate, and some can be passed directly to the co-owner of property or the designated beneficiary. Whether or not your Will is required to be probated depends on what assets you own and how those assets are titled.

Is it good to avoid probate?

Many people prefer to create an estate plan that avoids probate, because the process is often time-consuming and expensive to your loved ones. Without probate, assets can be distributed more quickly to your beneficiaries, and your loved ones can avoid court fees and most attorney fees. Avoiding probate also gives you and your family more privacy, shielding your estate from public record.

Serving Families Throughout East Tennessee

Call 865-643-8452 or use the convenient email contact form to schedule a consultation to discuss the best plan to preserve your assets for your spouse, your children and your future generations.


“My wife and I needed to update our wills, but also needed estate planning. David was a blind choice, but a very fortunate one. His work for us was outstanding and thorough. His work has helped us avoid probate by setting up a revocable trust, something we would never have thought of. We are now confident our heirs will have a much easier time of settling our estate when we pass on. You may have to look long and hard before you find anyone better than David to handle your estate planning.” John U.

“Mr. Montgomery was a very professional and knowledgeable attorney while helping my husband and I prepare our trust and other estate documents. He went so far as to willingly talk to our financial planner and coordinate with him so that the documents and other information needed by both parties coincided correctly. His fees were quite fair and reasonable. I would recommend him, without reservations, to friends and family.” Margaret B.

Interested in more testimonials? Read more here.