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Law FAQ: My neighbor’s tree hangs over the property line. Do I have the right to cut back the branches? Yes. The Tennessee Supreme Court made clear in 2002 that you definitely have the right to cut away any branches or vegetation to the extent it hangs over onto your...
Read More Continue ReadingLaw FAQ: Can I Place My Assets in a Trust and Protect Them from My Creditors? Before 2007, if an individual created a trust under which he is a beneficiary, the assets of the trust were subject to the claims of his creditors. As a result, an individual could not...
Read More Continue ReadingAm I liable for a Car Accident Caused by my Child or Spouse? It depends! Tennessee follows the family purpose doctrine, which can result in a family member, such as a parent or spouse, being held liable for damages caused by another family member’s negligent operation of a vehicle if...
Read More Continue ReadingBreast Cancer Awareness Month: Quick Facts Breast cancer is the second most common cancer in American women, behind skin cancers. Breast cancer is the second leading cause of cancer death in women, behind lung cancer. The lifetime chance of developing invasive breast cancer is approximately 1 in 8, or 12%....
Read More Continue ReadingCapacity to Make a Will in Tennessee As an estate planning and probate lawyer, I’ve handled cases from time to time where a person’s capacity at the time he or she created a Will or Trust was an issue. The elderly have increasingly become targets for those looking to prey...
Read More Continue ReadingLaw FAQ: Can I Sell My House to My Children for $1 to Avoid Gift Tax? Many clients and others have asked if they could sell their house to their children for $1 to avoid gift tax. The short answer to that question is “no”. Any transfer for less than...
Read More Continue ReadingLAW FAQ: I was hurt at work in a freak accident that wasn’t really anybody’s fault. Does that mean I can’t get work comp benefits? I got hurt on the job and it’s getting tough to pay the bills because I haven’t been able to work for a few weeks. ...
Read More Continue ReadingBe careful what you ask for at the Chiropractor Many people visit the chiropractor for an alternative treatment to many issues ranging from back pain and headaches to allergies and fatigue. An experienced chiropractor will spend time determining why someone is experiencing such poor health and offer a treatment regimen designed...
Read More Continue ReadingIs Obamacare constitutional? Will the Supreme Court uphold the individual mandate? Three of the 13 federal appellate courts have now ruled on Obamacare. The 4th and the 6th Circuits upheld the individual mandate, whereas the 11th Circuit deemed it unconstitutional. (The 6th Circuit is where I clerked. It covers Tennessee,...
Read More Continue ReadingLaw FAQ: I’ve been named as Trustee of a trust….what do I do now? The most important thing to remember when you step in as trustee is that these are not your assets. You are safeguarding them for others: for the grantor (if living) and for the beneficiaries, who will...
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