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Capacity 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...
Read More Continue ReadingLaw FAQ: Why can’t I name my minor kids or grandkids as beneficiaries? You can certainly leave assets to your children and grandchildren if you do so correctly, and there are a number of options to choose from when planning for minor beneficiaries. The problem comes in when minor beneficiaries...
Read More Continue ReadingElements of a Contract in Tennessee With a few limited exceptions oral contracts are enforceable in Tennessee just like a written contract. Of course, a written contract is much easier to prove because there is hard evidence of the agreement. However, an oral contract IS enforceable in most cases. The...
Read More Continue ReadingLaw FAQ: What should I do if I’m seriously injured in a car wreck? We have a helpful list of DOs & DON’Ts in the Auto Accident FAQ section of our website. Here are a few examples: DO — call the police and be courteous to the other driver and any...
Read More Continue ReadingBeyond a Reasonable Doubt If you are like me, your Twitter Feed and Facebook page have been littered lately with well intentioned people reciting snippets of news stories decrying the Troy Davis execution based on the idea of #Toomuchdoubt. I would encourage you to read the Court’s Order for yourself. ...
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