Law FAQ: Is my car a lemon?
Is my car a lemon? Tennessee’s Lemon Law is intended to protect new car purchasers from the occasional vehicle that, for some reason or another, has problems that are beyond...
Law FAQ: What is a HEET?
A HEET is a Health and Education Exemption Trust. This time of year many clients are making gifts to their children and grandchildren. They often forget that gifts in excess...
Law FAQ: What is negligence? What is a legal duty? (Part 2)
In yesterday's blog post, I listed the 5 basic elements for a negligence claim: duty, breach, injury, causation, and proximate/legal cause. Today's post will focus on the first 2 elements which, for...
Law FAQ: What is negligence?
Negligence is the legal term for failing to exercise reasonable care and caution under a given set of circumstances. It is commonly referred to as “the ordinary, reasonable man” standard. ...
Who are my Beneficiaries? A critical question in planning for the future.
How does Property Pass to Beneficiaries? Do you know who your beneficiaries are? When we ask clients this question, their first response is often quick and affirmative. However, we frequently...
Is Tennessee a Community Property State for Estate Planning?
Tennessee is NOT a Community Property State Community property states such as California and Texas, permit assets to receive a step-up in basis to the current fair market value (FMV)...
Law Talk: Halloween – Your Legal Duty of Reasonable Care
Halloween - Your Legal Duty of Reasonable Care Halloween is always a great time of year – costumes, hayrides, haunted houses, and candy! However, homeowners should be mindful of the...
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 it clear in 2002 that you definitely have the right to cut away any branches or vegetation to the extent it hangs over onto...
Law 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,...