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November 11, 2015 In Civil Litigation, General, Personal Injury

Apartment Complex Crime -Negligent Security-Memphis

crime victim lawyers, apartment complex crime attorney

Apartment Complex Crime -Negligent Security-Memphis

Memphis has more than its share of violence. Apartment complex crime in Memphis is serious. Recently, another man lost his life after being gunned down as he was walking back into his apartment at the Prescott Place Apartments located in the 1700 block of Morlye Street. Not all crime is preventable, but many times property managers and apartment complexes do not have adequate security to deter and prevent crime.

We have significant experience in handling apartment crime and negligent security cases. Investigating and prosecuting these claims can be complex. We often learn that  large out-of-town companies own and operate apartments in high-crime neighborhoods, and do little to protect their residents and visitors. Why do these companies ignore the crime? It’s simple: spending money on security measures cuts into the bottom line.

An apartment complex presents unique security issues that don’t exist in single-family neighborhoods. The layout of the premises often makes it challenging for local police to monitor and patrol the area. Because of this, it is even more important for apartment companies and property managers to be intentional about the security on their property.

Unfortunately, many times security measures such as increased lighting, properly maintained landscaping, and security guard patrols are ignored and residents are left to fend for themselves. When this happens, you can be sure that criminals learn which properties are prime targets. Indeed, in one case we worked on, three criminals actually rode their bikes past several other commercial and residential areas to specifically find a victim at the defendant apartment complex because they knew it was dark and no security guards worked at night. The failure of the apartment complex and property management to implement and maintain reasonable security measures resulted in the complex having a reputation for being a good place to commit crime without getting caught, and our client suffered a catastrophic gunshot wound because of it.

We represent victims of apartment complex crime.

If you or someone you know has been the victim of apartment complex crime in Memphis or if you have been a crime victim on a commercial property and you think that the security measures may not have been reasonable, please feel free to call our firm to see if we can help. We are attorneys for crime victims. Call us at 901-372-5003.

Patterson Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003

November 5, 2015 In Estate Planning

Using The Tennessee Investment Services Trust Act To Create A Self-Settled Asset Protection Trust

The Knowledge You Need on the Tennessee Investment Services Act of 2007

The “Tennessee Investment Services Act of 2007,” (the “Act”) allows a person to create a self-settled asset protection trust. Tennessee is still one of only a handful of states to enact legislation permitting the creation of a self-settled, or self-created, asset protection trust.

Before the Act was passed in Tennessee, an individual could not protect his or her wealth from creditors and lawsuits while also retaining some control of his or her assets.   The Act allows an individual to create his or her own trust and maintain a certain level of control over the trust, while also protecting his or her assets from creditors and lawsuits.

One of the biggest perks of the Act is the trustmaker’s ability to retain a certain level of control over the trust. The trustmaker may retain the following rights, which include, but are not limited to, the rights to:

  • direct the investment of the assets;
  • receive distributions of principal at the discretion of the trustee;
  • live in a home owned by the trust;
  • veto distributions to any other permissible beneficiaries;
  • direct the distribution of the trust assets upon death to any one or more persons;
  • remove the trustee and other trust advisors and appoint their successors under certain provisions

 

In order to meet the statutory requirements, the trust must be carefully drafted and administered. For example, the trust must be irrevocable, meaning that the terms of the trust cannot be modified. Additionally, Tennessee law must govern the trust, and at least a portion of the assets of the trust must be administered in Tennessee. The person creating the trust cannot serve as Trustee, and the trustee of the trust must either be a resident of Tennessee or a corporate fiduciary authorized to conduct business in Tennessee. The trustmaker must also sign an affidavit that states, among other things, that the transferor of the assets to the trust is solvent and does not intend to defraud his or her creditors.

The Act implements a two year “look back” rule. This means that, after two years have passed since the assets were transferred to the trust, the trustmaker’s creditors cannot seize the assets of the trust to satisfy claims against the trustmaker.

It is important to note that the Act does NOT apply to certain creditors, claims or judgments, including those for past due child support, past due alimony or support of a spouse of former spouse or agreements setting forth division of marital property.

In summary, the Tennessee Investment Services Act of 2007 provides an asset protection opportunity for individuals who are concerned about the loss of their assets due to unforeseen creditors. The trust presents a unique solution to those who wish to protect their assets during their lifetime while still retaining the ability to manage those assets and benefit from them.

September 14, 2015 In Uncategorized

Re-opening of Entry Level Legal Assistant Position

Re-opening of Entry Level Legal Assistant Position

Patterson Bray is again looking to add a Legal Assistant in the Litigation Department.  The Legal Assistant position is an entry level job, and while experience is preferred, it is not absolutely necessary.  On the job training will be provided.

 

Minimum job requirements are as follows:

  • Minimum: high school diploma
  • Preferred: associate degree or higher
  • Strong commitment to customer service
  • Proficient with Microsoft Word and Excel
  • Ability to pay close attention to detail
  • Strong research, writing, and editing skills
  • Ability to communicate effectively with customers and attorneys
  • Ability to be a self-starter and to work independently
  • Familiarity with social media platforms (Twitter, Facebook, Instagram, etc.)

 

Patterson Bray employees receive two (2) weeks paid vacation annually.  Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, with an hour for lunch break.  We also strive to be kid-friendly and flexible in order to accommodate for doctor appointments, school programs, ball games, etc.  Beginning salary is $30,000 per year, and employees are 401(k) eligible after completing 1 year of work.  Unfortunately, Patterson Bray does not offer health insurance benefits.

 

Please send any questions and/or resumes to info@pattersonbray.com.

engagement ring after break up
May 8, 2013 In Civil Litigation, General

Who keeps the Engagement Ring After a Break-Up?

engagement ring lawyer

Who keeps the Engagement Ring After a Break-Up?

I enjoy listening to the “Mike & Mike Show” on ESPN Radio during my morning commute.  I remember on one show that they were discussing a lawsuit filed by NFL player, Mario Williams, against his ex-fiancee seeking the return of a $785,000 engagement ring. So they posed the question for each of their in-studio guests:  Should the ex-fiancee get to keep the engagement ring?

Opinions varied, but the general consensus was that she should have to return the ring, unless the engagement ended because of infidelity by Williams. Interesting opinions.  And actually not that far off from what the law actually requires.
READ MORE

March 12, 2013 In Personal Injury

Proposed Change in Seat Belt Law Hurts Tennessee Accident Victims

Proposed Change in Seat Belt Law Hurts Tennessee Accident Victims

A proposed bill in the Tennessee Legislature would change a decades-old law that was designed to protect accident victims and protect the taxpayors.

 

Since 1986, the law made it inadmissible in court whether an injured person was wearing his seat belt.  This legal rule makes perfect sense if you stop and think about it for a minute.  Indeed, if a negligent driver causes an accident – let’s say, for example, because he was texting while driving, or perhaps because he was drunk – should he somehow bear LESS responsibility for his actions because the innocent person he crashes into wasn’t wearing a seat belt?

 

Of course not.
READ MORE

Auto Accident Lawyer Memphis, TN 
February 26, 2013 In General

Interesting TN Law Prohibiting Tracking Devices on Vehicles

Interesting TN Law Prohibiting Tracking Devices on Vehicles

I ran across an interesting TN statute the other day, Tenn. Code Ann. § 39-13-606, which states in pertinent part that:

It is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle.

In other words, you should probably think twice before purchasing a tracking device from one of the those “I Spy” type stores in an effort to keep tabs on, or gather evidence against, a spouse or partner.  Not only does violation of the statute constitute a Class C misdemeanor, but I also imagine that any illegally secured evidence would be subject to challenge in civil court as well.  In other words, that smoking gun evidence you think you’re getting from the tracking device might actually end up getting thrown out anyway.
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January 25, 2013 In Estate Planning, General, Uncategorized

Gun Trusts: Feinstein’s Bill Addresses Handguns Too.

Gun Trusts: Feinstein’s Bill Addresses Handguns Too.

According to the Washington Post, Senator Feinstein’s gun control bill not only seeks to severely restrict the sale and transfer of modern sporting rifles, but also “prohibits the sale or transfer of high-capacity, ammunition-feeding devices currently in existence” – a clear reference to gun magazines that hold more than 10 rounds.

While most gun owners don’t own an AR-15, millions of Americans own handguns for personal defense.  Many if not most of these “regular” handguns are sold with magazines that hold 10 rounds.  It’s these personal defense weapons that Senator Feinstein seeks to restrict.  If her bill becomes law, millions of Americans will no longer be able to sell, give away or pass their handgun to their family in their will.

It is unlikely that the entirety of the proposed bill will become law.  However, is seems probable that portions of the proposed legislation will.  If you are interested in maintaining control of your firearms, call us now to set up a Gun Trust at 901-372-5003.

For more info, click here for our previous blog post about Gun Trusts.

January 24, 2013 In Uncategorized

URGENT UPDATE & PRICE REDUCTION -Time may be running out to protect your guns with a Gun Trust

URGENT UPDATE & PRICE REDUCTION

Today, multiple U.S. Senators are formally introducing legislation that bans the manufacture and sale of hundreds, if not thousands of guns.  While the news coverage of the proposed legislation will characterize the proposed laws as being an “assault weapons ban,” in reality many handguns and shotguns will be included.  Additionally, gun owners’ ability to transfer their guns to their family members may be severely restricted or even banned.

In light of the short time frame that gun owners may have to legally protect their firearms, Patterson Bray is now offering a basic Gun Trust for only $675.  Call us now to create your Gun Trust before it is too late: 901-372-5003.

For more info, click here for our previous blog post about Gun Trusts.

January 17, 2013 In Uncategorized

Let Us Help You Protect Your Guns With A Gun Trust – Before It’s Too Late

Let Us Help You Protect Your Guns With A Gun Trust – Before It’s Too Late

The current political climate creates tremendous uncertainty for gun owners.  If you act now by creating a Gun Trust, you can be assured that your guns can stay in your family forever.

A Gun Trust is typically used to streamline the purchase of class 3 firearms, suppressors, fully automatic rifles, or short rifles.  However, in light of the current political climate, gun owners should seriously consider a transfer of ALL of their guns into a Trust in  order to avoid certain proposals under consideration that would ban ALL transfers of any so-called “assault weapon” (which would include hundreds of guns) as well as any magazine that holds more than 10 rounds.

One of the key Senate proposals under consideration would ban any and all transfers of certain guns and magazines – to ANYONE – including your own children.  You wouldn’t even be able to have your guns pass to your children through your Will at your death!  Instead, your guns and magazines would presumably be confiscated by the government at your death.

If you have a Gun Trust, though, the Trust would technically own your guns and magazines, and as a legal matter, Trusts never “die.”  You can serve as Trustee during your own life, and therefore possess and use your guns just as you’ve always done with no change.  The difference is that when you die, or when you want to allow your brother/son/friend to use or possess your gun, you can simply appoint another Trustee, or a Co-Trustee, or a Successor Trustee that automatically takes over at your death.  Those persons can then use or share the guns just as you did.  The Trust always owns the guns so there is technically never any “transfer” – even at your death.

Most regular Trusts have no instructions regarding the purchase, use, or access to your firearms. They also do not give the people involved with the Trust enough information to properly transfer assets. Indeed, if you become incapacitated, it may be necessary to sell some of the guns to provide for your needs. And when you die, your firearms will need to be transferred properly. A Gun Trust specifically provides information to determine whether the firearms are transferable or need to stay in the Trust, whether they are legal in the state where they might be transferred, and whether the  beneficiary is legally able to possess the firearm.  Another important feature is the peace of mind of knowing that, if you desire to do so, you can empower the Trustee to determine if the beneficiary is mature and responsible enough to receive the firearms in the first place.

A Gun Trust amounts to simple insurance against some of the more extreme political proposals currently floating around Washington D.C.  But time is of the essence.  Creating the Gun Trust must be complete BEFORE any transfer restrictions might be passed by Congress.  Protecting your rights is simple and affordable.  Cost for a Basic Gun Trust is only $950 $675.

If you own guns, we would love the opportunity to talk with you about how a Gun Trust will complement your estate plan.  Please contact our office to learn more about potential opportunities for you and your family using Gun Trusts.  Call us at 901-372-5003.

January 15, 2013 In General

Reminder: Final 2012 Estimated Tax Payment due TODAY! (Jan. 15)

Reminder: Final 2012 Estimated Tax Payment due TODAY! (Jan. 15)

For all you estimated tax filers, here’s a friendly reminder that your next payment (using IRS Form 1040-ES) is due TODAY, January 15, 2013.

NOTE: Estimated taxes are generally paid by self-employed persons, although others are potentially required to file. According to the IRS website instructions: “Estimated tax is the method used to pay tax on income that is not subject to withholding. This includes income from self-employment, interest, dividends, alimony, rent, gains from the sale of assets, prizes and awards. You also may have to pay estimated tax if the amount of income tax being withheld from your salary, pension, or other income is not enough.”

MORE:  Previous Blog Post — What is an Estimated Tax Payment, and Who is Required to Make Them?