estate planning lawyer Memphis, TN

Tips for Creating an Estate Plan

Tips for Managing Familial Conflict With an Estate Plan

One of the biggest concerns and one of the primary reasons for creating an estate plan is mitigating the risk of familial conflict should you become incapacitated or pass away. The harsh reality is that the tragic and unexpected can occur at any moment, and you must be as prepared as possible. Familial conflict can be devastating to relationships within the family; it stands to put your estate at risk when you ultimately pass away. When loved ones pass away, emotions run high.  As such, there are times when conflict can be more likely if one is not careful. This is true when it comes to estate plans because if emotions are running high, there can be conflict and arguments that occur if there is not a proper understanding of an estate plan, how it works, or who gets to keep various assets, when it comes to estate plans, and more.  Safeguarding your estate plan should be one of your top priorities, and our Memphis, TN estate planning lawyer can provide Read the rest

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estate planning lawyer Memphis, TN

Important Estate Planning Considerations

Important Things to Keep in Mind When Creating Your Estate Plan

Your estate plan is an incredibly important document. When crafting an estate plan, our Memphis, TN estate planning lawyer will help you ensure that you fully understand the process and are considering all important options and factors that go into your plan.

Understand The Cons of Probate

Probate court entails establishing the validity of a written will, distributing assets, settling debts, and more. Most people want to avoid probate if possible, as they prefer not to have the court handle any element of their assets. This is understandable, since the court may handle your estate much differently than you would prefer. For example; when it comes to various assets that may be discussed and assessed when involving a loved one who is deceased, different court systems may come forth with different types of compensations, they may see some assets as less valuable than others, and more.  These are some of the reasons why families may not entirely trust aspects pertaining to probate, within a court system. 

Moreover, probate is Read the rest

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truck accident lawyer Memphis, TN

Specific Truck Accident Situations

Specific Truck Accident Situations

Multiple Potentially At-Fault Parties

Typically when you are in a truck accident there are more parties involved than just the driver. Depending on the situation that led to the accident you could have to sue the driver, the manufacturer of the truck, the transport company, or even the maintenance provider. Unless the truck driver was acting irresponsibly on the road, they may not be responsible for the accident.

Instead, it could be their parent company, the people that loaded the cargo, or even the mechanics of the truck. All these factors can make it harder for you to file a case. If you have been in a truck accident, our Memphis, TN truck accident lawyer can help you investigate the full scope of negligence and fault.

The Danger of Cargo

A truck is already dangerous due to its size but it isn’t the only danger out there. The cargo those trucks are carrying can be dangerous by itself. There is always a slight chance that that cargo wasn’t loaded properly or it wasn’t secured correctly before … Read the rest

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Trucking accident lawyer Memphis, TN

Common Causes Of Trucking Accidents

Trucking accidents are often severe due to the size and weight of commercial trucks compared to smaller passenger vehicles. A Memphis, TN trucking accident lawyer works with clients impacted by these types of accidents to identify the cause and build a strong legal case. Knowing the common causes of trucking accidents can help drivers and victims better understand the risks on the road.

Driver Fatigue And Hours Of Service Violations

One significant cause of trucking accidents is driver fatigue. Federal regulations limit the number of hours a truck driver can work without resting to prevent accidents caused by tired driving. Unfortunately, some drivers or companies push these limits. When drivers exceed the regulated hours without rest, they risk impaired judgment, slower reaction times, and even falling asleep at the wheel. Fatigue-related accidents can lead to severe injuries, particularly on highways where trucks are moving at high speeds.

Distracted Driving

Distracted driving is an issue for all motorists, including truck drivers. Distractions can come in many forms—using a mobile device, eating, adjusting navigation systems, or even talking on a radio. In … Read the rest

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divorce lawyer Memphis, TN

How To Choose The Right Divorce Lawyer

Choosing the right divorce lawyer can be one of the most important decisions in the divorce process. Finding a Memphis, TN divorce lawyer who not only understands the legal landscape but also has your best interests in mind is crucial for achieving a smooth and fair outcome. Divorce is often a challenging and deeply personal process, so it’s essential to approach this decision with clear criteria and practical considerations.

Know Your Priorities

The first step in choosing a lawyer is knowing what you want to achieve. Divorce can involve a range of issues, from property division and alimony to child custody and visitation rights. Identifying your goals allows you to focus on finding a lawyer who has a proven track record in cases similar to yours. Some people may want a lawyer who is aggressive in court, while others may prefer someone who is more negotiation-focused. Deciding on what type of approach best suits your situation will help narrow down your options.

Look For Experience In Family Law

When choosing a lawyer, experience in family law is key. While many … Read the rest

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Motorcycle accident lawyer Memphis, TN

The Legal Process For Motorcycle Accidents

The process after a motorcycle accident can feel overwhelming, especially when it comes to legal matters. There are specific steps involved in pursuing a motorcycle accident claim that help ensure fair treatment for all parties and adequate compensation for the injured. A Memphis, TN motorcycle accident lawyer can guide clients through each phase, helping them understand their rights and responsibilities along the way. Here’s a clear outline of what the legal process involves.

Starting With Investigation And Evidence Gathering

After an accident, the first step is to gather information to build a clear picture of what happened. Evidence can include photos of the accident scene, medical records, police reports, and eyewitness statements. We work with clients to collect these crucial details as soon as possible. This evidence helps establish who was at fault and can influence the outcome of the case. Prompt evidence gathering is critical since details may fade over time, and certain records may not be available indefinitely.

Assessing Liability And Determining Fault

Assigning fault in a motorcycle accident involves examining the actions of all parties involved. Tennessee … Read the rest

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Pedestrian accident lawyer Memphis, TN

The Importance Of Hiring A Pedestrian Accident Lawyer

Benefits Of Hiring A Lawyer

Pedestrian accidents can lead to serious injuries, extensive medical bills, and complicated legal situations. In the aftermath of an accident, you may be facing physical pain, emotional stress, and financial difficulties. This is where having a pedestrian accident lawyer can make a significant difference in your ability to recover and move forward.

When a pedestrian is hit by a vehicle, the injuries can be severe, even in lower-speed accidents. Pedestrians have little protection against the impact of a vehicle, and as a result, the injuries can range from broken bones and head injuries to long-term disabilities. In these situations, it’s important to focus on your recovery while a lawyer handles the legal aspects of your case.

A pedestrian accident lawyer has the knowledge and resources to handle these types of claims efficiently. They can help you gather evidence, deal with insurance companies, and work towards securing fair compensation for your injuries. Medical expenses, lost wages, pain and suffering, and other damages are all factors that can be pursued in a pedestrian accident claim.

How Legal

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Which of My Assets Will Pass Through the Probate Process?

As a probate lawyer Memphis, TN clients trust can explain, the probate process is a court-mandated process used to distribute estate assets not protected by a living trust, but many assets will still not be assigned to probate. This is contingent on what the court deems as a worthy asset and can vary from state to state. Probate is the known legal process that court systems use and is the management of a deceased individual’s assets. Should You Hire A Probate Lawyer?

All debtors included in this process are paid off before the ending balance is distributed out to living heirs. A probate lawyer Memphis, TN residents recommend knows that the probate process is similar but does vary from state to state. However, there are many similarities amongst jurisdictions.

For example, if an individual dies and has not left a will behind, the entirety of their estate automatically goes through the probate process. This does not include assets that can be transferred to a named beneficiary like a retirement account, assets that are present in a trust account that has … Read the rest

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Contract Dispute FAQs

By having a legal understanding of contracts, you may be able to prevent a dispute from occuring in the first place. More importantly, a well drafted contract can protect you and your business, thereby giving you peace of mind knowing everything is in order. Whether you are involved in a contract dispute or wish to draw up a contract that minimizes the risk of a dispute, you can count on Patterson Bray. Call us today for a consultation with a Memphis business lawyer from our firm at 901.372.5003.

What constitutes a contract?
A contract is considered valid when it includes the following five elements:

  • An offer is made by one party to a second party.
  • The second party accepts the offer made by the first party.
  • Considerations are made and provided by the first party to the second party.
  • Both parties agree to create a legal relationship.
  • One or both of the parties draws up the contract based on mutually agreed-to terms.

What is a contract breach?
A contract breach is essentially a broken promise. For instance, a contractor building … Read the rest

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Forming a Limited Liability Company (LLC)

If you are considering forming a limited liability company (LLC), you may want to see a business lawyer Memphis, TN professionals trust to walk you through the process. An LLC is a business structure that allows the simplicity of a sole proprietorship while offering the limited liability protections that comes with corporations. If you are considering an LLC for your business, your Memphis business lawyer may be able to tell you the implications of your choices.

Can All Businesses Form an LLC?
Some state laws prohibit certain professionals from joining together to form an LLC, and a business lawyer in Memphis, TN may let you know what your state limits. Generally, insurance, trust, and banking businesses aren’t allowed to form an LLC. Other professionals, such as lawyers, doctors, and accountants, may be exempt as well.

Do You Need a Certain Number of People to Form an LLC?
Any business lawyer Memphis, TN has to offer may tell you that you could form an LLC as the sole member, but this may require extra care. You may easily be considered a … Read the rest

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