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In Estate Planning

Estate Planning And Divorce

Estate Planning And Divorce

Let’s talk about Estate Planning and Divorce. Will a divorce affect your Will? Over the years, many people have asked us about how a divorce will affect a Will or Estate Plan. Sometimes the question comes out of curiosity, and at other times, the person asking has just gone through a divorce. The best time to review or establish an estate plan is after the occurrence of a major life event.  In fact, these are often the only times many people even think about estate planning.

Major life events may include marriage, the birth of a child, or the death of a family member. Unfortunately, divorce is also a major life.

Beneficiary and Executor Designations

Typically, married couples have their estate plans drafted at the same time, and the terms of each plan are very similar. More often than not, one spouse has named the other as the executor of his or her Estate, as well as the sole beneficiary of his or her Estate.  While  Tennessee law contains a statute that essentially disinherits a person’s … Read the rest

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January 27, 2016
In Business Litigation, Civil Litigation, Contracts, General

Get it in writing: A handshake probably won’t do.

 

The Dangers of Unwritten Agreements

You’ve heard it before:  “If it’s not in writing, it doesn’t exist.”  While that is not technically true, we don’t recommend entering into an unwritten agreement or contract of any significance.  If it is important to you or to your business, get it in writing. Unwritten agreements, or oral contracts, can be legally enforceable in Tennessee in certain cases, but they are extremely difficult to prove in court.

Contracts Required to be in Writing

According to a legal rule called the “statute of frauds,” there are some agreements that are required to be in writing in Tennessee, including:

  • An agreement to pay someone else’s debt
  • An agreement concerning the sale of real property or land
  • A lease with a term longer than a year
  • A contract that can’t be performed or concluded in a year
  • A contract for the sale of goods for over $500.00

What Should a Contract Say?

Any contract should contain the essential terms of the agreement. The contract should clearly spell out what each party is going to do in … Read the rest

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January 26, 2016
In Auto Accident, Civil Litigation, Personal Injury

Bad Road Conditions- Who is Liable for Car Accident?

Bad Road Conditions- Who is Liable for Car Accident?

Curious about who is responsible for an accident during bad road conditions?

Many of us in Memphis went to bed last night expecting to wake up to a Winter Wonderland. While weather experts predicted several inches of snow and most local schools and businesses announced closures in advance, what we ended up with was just a small dusting of snow. Enough to make our neighborhoods sparkle, but not even enough to build a good snowman.

However, with all the warnings on the news to stay at home and avoid the roads, you might be wondering what the law is concerning car accidents that occur in icy or snowy conditions. What if another driver slides into you, causing significant damage to your car? What about the cars you always see speeding by in icy conditions, without a care in the world? Are they excused from liability just because of the road conditions?

Drivers Are Responsible, Even in Icy or Snowy Conditions

Tennessee Code Annotated § 55-8-136  requires drivers to exercise due care … Read the rest

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January 22, 2016
In Auto Accident, Business Litigation, Civil Litigation, Contracts, General, Personal Injury

Can I Represent Myself in General Sessions Court?

Can you represent yourself in General Sessions Court?

Yes, you may always represent yourself in any court matter – it’s called proceeding pro se.  However, you may only represent yourself.

If the true party in the case is actually a corporation or limited liability company (LLC) – even if you are the sole shareholder/owner/member – then you may not represent “yourself” because, technically-speaking, a business organization is a distinct legal entity separate and apart from you as a natural person.  And unless you are a lawyer, you cannot represent another person or entity, or else you would be guilty of the unauthorized practice of law, and no Judge will allow that.

Should you represent yourself in General Sessions Court?

If you are the party in the case as an individual, or as a sole proprietorship, then you may always represent yourself.  The real question, though, is should you?  Many people believe General Sessions Court is a “small claims court” similar to the TV court shows where two parties stand at podiums and, with great drama, show or tell … Read the rest

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January 20, 2016
In Civil Litigation, Personal Injury

Dog Bite Lawyer: Loose Dogs Can Mean Strict Liability for Injuries.

Dog Bite Lawyer

More advice from a dog bite lawyer. A few days ago, we posted about dog bites that occur on the property of the dog owner and how, in order for the dog owner to be held liable, the injured person must show that the dog owner had some kind of notice of the dog’s dangerous tendencies.  But what happens if, for example, you are walking down the sidewalk or enjoying a run in the park and a dog attacks you? What if your own dog breaks loose, runs away from home, and later bites a stranger down the street?

The Tennessee dog bite statute ( Tenn. Code Ann. 44-8-413) treats dog bites differently depending on where they occur.  Injuries that occur when a dog is running loose in a public place result in the strict liability of the dog owner.   Dog owners have a duty to keep their dogs under reasonable control at all times and to keep them from “running at large.” “Running at large” essentially means the dog is loose and uncontrolled either on public … Read the rest

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January 14, 2016
In Business Litigation, Civil Litigation, Contracts, General

Can We Make Them Pay My Attorney Fees?

Can We Make Them Pay My Attorney Fees?

Can we make them pay my attorney fees? This is one of the most common questions we receive from our clients who find themselves involved in lawsuits. Unfortunately, the answer in most cases is no. Tennessee follows the “American Rule” which means that each party in a lawsuit pays their own attorney fees, no matter who wins. There are, however, exceptions to this rule. Two of the most common exceptions are as follows:
(1) Certain state and federal statutes allow the prevailing party to recover attorney fees. Examples: certain consumer protection, civil rights, and employment claims, etc.

(2) A contract provision where the parties to a contract have agreed that the prevailing party in a dispute will be entitled to recover attorney fees. Examples: leases, commercial contracts, collections, home sale contracts, etc.

Your attorney should examine the allegations in the lawsuit and any contracts that may apply to determine whether it is possible for you to recover your attorney fees. If you are a business person and you don’t have attorney fee … Read the rest

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January 13, 2016
In Civil Litigation, Personal Injury

Apartment Complex Crime – Memphis Attorneys

En Español – Por favor haga clic aquí para leer esta página en español.

We continue to read about apartment complex shootings in Memphis and can’t help but wonder what kind of security measures were in place at these complexes. Could a more thoughtful security plan have prevented these tragic deaths and injuries?

Recent Apartment Complex Shootings in Memphis

Edison Apartments: Man Shot at Downtown Apartments

Alden Gate Apartments: Two in critical condition after shooting

Abandoned Apartment Complex: Double Shooting at Memphis Apartment Complex

Whitehaven View Apartments: Woman Shot in South Memphis Apartment Complex

Duty to Provide Reasonable Security in Tennessee

Did you know that in TN, apartment complexes usually have a duty to provide reasonable security measures?  Each case is different, but in some cases, a crime victim injured on apartment complex property may be entitled to money damages from the apartment complex or its owner.

Wait a Minute— I Can Recover Against the Apartment Complex Even Though a Criminal Shot Me?

Yes, in some cases.  It depends on the facts of your case and … Read the rest

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January 12, 2016
In Estate Planning

No More Tennessee Inheritance Tax

No More Tennessee Inheritance Tax

As of January 1, 2016, the Tennessee inheritance tax is repealed. What this means is that families of persons who pass away in 2016 or later will not owe any Tennessee inheritance taxes. Looking forward, estate planning in Tennessee, in many cases, will be simplified because there will no longer be a need to develop strategies to avoid the Tennessee inheritance tax.

Do I need to make changes if I already have estate planning documents in place?

Probably not, but you can simplify your current documents to eliminate language that is unnecessary now that the tax has been eliminated.

Is there a federal inheritance tax?

Yes. For 2016, the federal estate tax exemption is $5,450,000 per person, meaning that families are not taxed unless the estate of the deceased family member exceeds that amount.  A married couple will therefore have an exemption of $10.9 million between them.

 

Tennessee Inheritance Tax Question?

We are Estate Planning and Probate Attorneys and we prepare Wills, Trusts, and other Estate Planning Documents. Please call us at 901-372-5003  if you’d … Read the rest

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January 8, 2016
In Civil Litigation, General, Personal Injury

Tennessee Dog Bite Cases: No “Big Dog” Exception

Tennessee Dog Bite Cases: No “Big Dog” Exception

Our firm handles Tennessee dog bite cases. In the recent case of Moore v. Gaut, the Tennessee Court of Appeals interpreted Tennessee’s 2007 dog bite statute and declined to create a “big dog exception” to the rule generally limiting a dog owner’s liability.

In 1914, the Tennessee Supreme Court ruled that a dog owner is only liable for injuries caused by a dog if the owner knew about the dog’s vicious tendencies.  In fact, contrary to popular belief, there never has been any rule that an injured person prove that a dog previously bit someone before he could recover, although that fact would certainly help to show that a dog owner knew about the tendency of his dog.  In 2007, the Tennessee General Assembly enacted Tenn. Code Ann. § 44-8-413 to address and tweak the law of injuries caused by dogs.  That statute created a distinction between whether injuries by a dog bite occurred on or off the dog owner’s property, for example where a dog is running loose in a … Read the rest

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January 7, 2016
In Civil Litigation, Personal Injury

Do I Have a “Slip and Fall” Claim?

Do you have a slip and fall claim? 

You slipped and fell in a store. You felt embarrassed and hoped no one saw you.  All you wanted was to hurry up and get out of there. Once you reach the privacy of your car, though, you realize you are hurting pretty badly.  But you’re able to drive home where you try to rest, suck it up, and tough it out.  At the urging of a loved one, though, you finally give in and go to the emergency room later that night, or maybe the next day, or a couple days later, because the pain just won’t go away.  Once you get to the ER, tests and x-rays show that you have a small fracture or other problem that will require follow-up care. You begin to wonder if the store is at fault, and whether you might have a claim.

This scenario isn’t uncommon.  Similar thoughts go through the minds of many people who are injured in slip and fall accidents in Tennessee.  To be quite honest, due to the state … Read the rest

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December 30, 2015