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Is 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. ...
Read More Continue ReadingLaw FAQ: What is living probate? If you can’t conduct business due to mental or physical incapacity (dementia, stroke, heart attack, etc.), only a court appointee can sign for you – even if you have a will. Remember, a will only goes into effect after you die. Once the court...
Read More Continue ReadingLaw FAQ: What is an estimated tax payment, and who is required to make them? What is an estimated tax payment? Estimated tax payment is the method used to pay tax on income that is not subject to withholding. Functionally-speaking, you can view estimated tax payments as a substitute for employer...
Read More Continue ReadingLaw FAQ: Questions About Revocable Living Trusts What is a revocable living trust? A revocable living trust is a legal document that, just like a will, contains your instructions for what you want to happen to your assets when you die. But, unlike a will, a living trust can avoid...
Read More Continue ReadingSmoke Detectors in Apartments Let’s talk about the law on smoke detectors in apartments and rental homes in Tennessee. What should a landlord do? What about a tenant? Do you have a case? Below are questions some of you might have: Q: I own and lease a rental house in...
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