estate planning lawyer Memphis, TN

Tips for Creating an Estate Plan

Tips for Managing Familial Conflict With an Estate Plan

One of the biggest concerns and one of the primary reasons for creating an estate plan is mitigating the risk of familial conflict should you become incapacitated or pass away. The harsh reality is that the tragic and unexpected can occur at any moment, and you must be as prepared as possible. Familial conflict can be devastating to relationships within the family; it stands to put your estate at risk when you ultimately pass away. When loved ones pass away, emotions run high.  As such, there are times when conflict can be more likely if one is not careful. This is true when it comes to estate plans because if emotions are running high, there can be conflict and arguments that occur if there is not a proper understanding of an estate plan, how it works, or who gets to keep various assets, when it comes to estate plans, and more.  Safeguarding your estate plan should be one of your top priorities, and our Memphis, TN estate planning lawyer can provide you with the guidance you need. The following are tips to consider to help prevent family conflict from occurring when the time comes:

  • Make Sure to Communicate Your Plans

While you certainly won’t want to share your estate plan with everyone you know, there are key people with you should make sure you communicate your plans to. This can help to manage expectations for when the time comes. These conversations can be incredibly challenging and even uncomfortable to have. You may also find that your loved ones are resistant to having it. However, by providing them with a clear outline of how your estate plan is divided, and the decisions you have made can give them the ability to ask questions and gain a clear understanding of the reasons behind your decision-making. It may even be beneficial to have one of your adult children be a part of the planning process.

  • Choose the Right Time and Place

Timing is everything when communicating your estate plans to loved ones. The last thing you should consider is bringing up such a delicate topic at a family event or holiday occasion. Make a plan to discuss your wishes at a time set aside to discuss your estate plan. 

  • Don’t Set Your Children Up for Conflict

One of the biggest mistakes parents make is choosing one child to make decisions over their siblings’ inheritance. This could only lead to conflict amongst siblings, putting them in an incredibly challenging situation. This is why when it comes to estate planning, it is important to discuss all measures of it with one’s children, the factors that will come with the agreement, and more.  This will help to avoid conflict among children.

  • Regularly Update Your Estate Plan

Updating your estate plan is critical for several reasons. People’s circumstances often change over time, meaning an estate plan is something that you should be sure to update or review at least every 3-5 years or experiencing one of these life changes:

  • Divorce
  • Marriage
  • Birth/Adoption of Children
  • Tax Updates
  • Change in Assets
  • Beneficiary Changes

Our estate planning lawyer in Memphis, TN, recommends that you update your estate regularly so that the plan you leave for your family is as clear and as accurate as possible. 

  • Carefully Consider Whether to Disinherit Someone

You may find that there are some people you are looking to disinherit. While you will want to carefully consider whether this is appropriate, when it comes to close family, such as children, they must be aware of your wishes. Disinherited children may challenge your estate plan and are likely to create further conflict within the family. If you choose not to leave someone you love an inheritance because you are concerned that they are not responsible enough, consider speaking with our team about alternative ways you can manage this situation. A living trust may be another viable option. 

  • Consider a Living Trust

A living trust can provide several benefits for estate planning. Creating a living trust allows you to place your assets into a trust while you are still living. You will have the ability to continue controlling the trust and making changes during your lifetime. Once you pass away, the appointed trustee assumes control of the trust. Living trusts outline your wishes and allow you to leave special instructions for how you would like assets distributed to heirs. Living trusts can be more difficult to challenge in court and can reduce conflict down the road. 

To learn more about how Patterson Bray, can help you develop your estate plan, call our Memphis, TN estate planning lawyer to get started.

Contact Our Memphis Estate Planning Lawyer Today

Every adult needs to create a comprehensive estate plan, as not all estate-related matters may be lawfully enforced simply by having a will and/or living trust in place. If you do not yet have a comprehensive estate plan in place or need to update or otherwise modify your existing estate plan, please schedule a consultation with us at Patterson Bray. None of us knows how long we will have until our estate plans become urgent matters for our loved ones to grapple with.

To better ensure that your wishes are clearly articulated and legally enforceable, please connect with an estate planning lawyer in Memphis, TN families trust at our law firm Patterson Bray PLLC today.

estate planning lawyer Memphis, TN

Important Estate Planning Considerations

Important Things to Keep in Mind When Creating Your Estate Plan

Your estate plan is an incredibly important document. When crafting an estate plan, our Memphis, TN estate planning lawyer will help you ensure that you fully understand the process and are considering all important options and factors that go into your plan.

Understand The Cons of Probate

Probate court entails establishing the validity of a written will, distributing assets, settling debts, and more. Most people want to avoid probate if possible, as they prefer not to have the court handle any element of their assets. This is understandable, since the court may handle your estate much differently than you would prefer. For example; when it comes to various assets that may be discussed and assessed when involving a loved one who is deceased, different court systems may come forth with different types of compensations, they may see some assets as less valuable than others, and more.  These are some of the reasons why families may not entirely trust aspects pertaining to probate, within a court system. 

Moreover, probate is often costly and frequently results in an immediate devaluing of the estate. This is because, in most circumstances, probate will cost the estate around 5% in expenses. Secondly, probate can postpone dependents or heirs from receiving funds in the estate for several years. This would especially cause issues with families that are looking to get an estate planning lawyer situation resolved in a quick manner. To avoid this issue, it is recommended that you have an estate plan so that your specified wishes can be carried out. 

Don’t Forget About Personal Items

Our lawyer may suggest that if you have a book collection, family heirlooms, a box of photographs, a journal, or other items that have sentimental value, do not forget about them in your estate plan. Our lawyers understand the value of personal items when it comes to estate planning.  Thus, they should be some of the items that come first and foremost. We all have belongings that are of particular significance to our lives but may not look the same to another person. Listing these in your estate plan gives you the chance to think about what means the most to you. There may be certain individuals that you would like to pass your possessions. To make sure your possessions are taken care of, you may want to name people that you think would best appreciate them. This way they are not discarded and actually go to people who will value them as much as you do. The expensive and sentimental belongings and how you want them distributed must be clearly outlined, so there is no confusion.

Figure Out Who You Want to Receive Assets

Most people choose their significant others, children, and other close family members as beneficiaries. As an estate planning lawyer in Memphis, TN clients trust may explain, it is common for people to list relatives that mean the most to them as beneficiaries of their assets. But, you can also include friends and charitable organizations if you’d like! This is often overlooked by many people working on their estate plans. If there are certain charities, organizations, or causes that are meaningful to you, make sure to make note of them in your plan. Think about how you want to organize your donations to those specified causes. Whether you have certain individuals or causes in mind, make sure to name and list each of them in your estate plan so no one is left off. Think about the people who would love getting something special of yours to remind them of you for years to come, after you have passed away.

Make a List of Tangible and Intangible Assets

If you have an abundance of assets and belongings, then this stage may take some time. You want to write a list of all the assets you own, including tangible and intangible items. For instance, you need to include your vehicles, boats, homes, property, life insurance policies, stocks, bonds, jewelry, and anything else of value to you (whether monetarily or sentimental). What creating a list does, is it aids in assessing an organization.  Thus, a family can better understand why some assets are tangible, why others are intangible, and how that relates to the process of estate planning as a whole. An example of tangible assets would be of books and gifts, in honoring a loved one. Meanwhile, intangible assets are those that focus on virtual assets, such as bank account funds.  Overall, it is strongly recommended that you begin the estate planning process early, especially if you have a long list of assets that need to be listed. For certain items, it may take additional time to decide how you want them to be taken care of. 

Assign Assets to Your Beneficiaries

Once you have completed the first two steps, then you will move on to combining these lists. Use your list of beneficiaries to assign what assets you want them to have after you have passed away. Keep in mind that if you have certain people listed on your life insurance or other policies you may need to make changes, so everything matches. An estate planning lawyer Memphis, TN families, rely on can give you information about how to make edits to such policies if needed.

Find Supportive Documentation

It would help if you found paperwork related to your assets, so the person distributing these things for you to beneficiaries doesn’t encounter road bumps. You want your plan to be as clear as possible to avoid confusion and prevent conflicts between different parties, such as family members. Gather documentation such as titles, stock certificates, policies, deeds, etc. You can share these with your lawyer at Patterson Bray, as he or she helps you finalize your living trust.

Appoint a Successor Trustee

When you have a living trust, you need to name yourself as the trustee to continue to manage assets throughout your life. But then you must choose a successor trustee, who shall distribute assets to beneficiaries based on your wishes and pay debts upon your passing. This person should be someone that you trust to handle your affairs responsibly and without motivation for personal benefit.

Contact Our Memphis Estate Planning Lawyer Today

When you would like to create an estate plan, you need the help of an estate planning lawyer Memphis, Tennessee residents can rely on from Patterson Bray PLLC. Preparing for a worst-case scenario is never something that you want to do, but failing to do it may hurt you and others. Your estate plan is something that you should not put off too long. Failing to get your wishes down in a legal document may leave those you love facing impossible choices.

A Memphis estate planning lawyer knows that a living will be a piece of your estate plan. It is a document that sets forth the medical interventions you want hospitals and doctors to make should you be unable to make decisions. Along with medical power of attorney, it provides a guide for the person you want to appoint to be in charge of your medical care during this time. Understanding what goes into a living will come in handy when it comes time to create one.

truck accident lawyer Memphis, TN

Specific Truck Accident Situations

Specific Truck Accident Situations

Multiple Potentially At-Fault Parties

Typically when you are in a truck accident there are more parties involved than just the driver. Depending on the situation that led to the accident you could have to sue the driver, the manufacturer of the truck, the transport company, or even the maintenance provider. Unless the truck driver was acting irresponsibly on the road, they may not be responsible for the accident.

Instead, it could be their parent company, the people that loaded the cargo, or even the mechanics of the truck. All these factors can make it harder for you to file a case. If you have been in a truck accident, our Memphis, TN truck accident lawyer can help you investigate the full scope of negligence and fault.

The Danger of Cargo

A truck is already dangerous due to its size but it isn’t the only danger out there. The cargo those trucks are carrying can be dangerous by itself. There is always a slight chance that that cargo wasn’t loaded properly or it wasn’t secured correctly before the truck left on its route. This can make things dangerous as loose cargo can make accidents more severe.

Things get worse if the cargo is hazardous or contains caustic chemicals. This can influence the damage done in the accident and you may be entitled to additional settlements for it.

If you or a loved one have been in a truck accident then talking to a truck accident lawyer in Memphis, TN is in your best interest.

Work-Related Truck Accidents

If you were either driving a truck for work or were otherwise engaged in work-related activities at the time of your crash, it is important to speak with a truck accident lawyer Memphis, TN motorists trust about your legal options. Depending upon the circumstances surrounding your crash and your work status, you may be in a position to pursue more than one kind of compensation at this time.

Most full-time and part-time employees of all but the smallest companies are entitled to workers’ compensation coverage. Workers’ comp is a no-fault system. This means that even if your accident was totally your fault, you likely remain entitled to collect benefits as a result of your injuries. The three major exceptions to this general rule involve accidents that were caused by intoxicated or otherwise impaired workers, intentional collisions, and crashes resulting from workers who had instigated road rage incidents. Otherwise, even if an accident was partially or totally your fault, you should still be able to collect these benefits.

If your crash was work-related and anyone other than your employer may be held legally and financially liable for contributing to the cause(s) of your collision, you may also be in a position to file a personal injury lawsuit. Workers’ compensation beneficiaries are only barred from suing their employers for personal injury damages—any other party may still be named as a defendant in a civil lawsuit even if the injured party has received a workers’ comp settlement.

If You Were Partially At-Fault

With that said, it is important to communicate with an experienced Memphis, TN truck accident lawyer if you believe that you may have been partially to blame for your accident. Tennessee recognizes a comparative negligence theory of liability. This means that as long as you were not 50 percent or more to blame for the harm you have suffered, you remain entitled to seek compensation from others who contributed to the cause(s) of your crash. Depending upon the severity of the harm you have suffered, the compensation you may be owed could be considerable.

Losing a Loved One to a Truck Accident

If you have lost a loved one as the result of a fatal accident involving a large truck, you may be entitled to one or more kinds of compensation at this time. An experienced Memphis, TN truck accident lawyer can clarify whether you are in a position to file a wrongful death lawsuit and/or claim workers’ compensation death benefits.

When a victim does not survive their injuries, their family can pursue a wrongful death claim against the liable party. Damages not only include some of the expenses of the accident mentioned above, but also specific damages for the family, such as emotional anguish, loss of the victim’s love and guidance, and loss of the victim’s financial support.

Contact Our Memphis Truck Accident Lawyer Today

Truck accidents can happen for a variety of reasons, including distracted driving, driver error, drowsy driving, defective truck parts, and overweight or improperly loaded trucks. During your initial consultation with a member of our team, do not hesitate to voice your questions and concerns. A good truck accident lawyer is more than happy to address your concerns and questions and make you feel as comfortable as possible.

When a commercial truck slams into a passenger vehicle, the injuries and damage can be devastating to a family. At Patterson Bray PLLC, we have been representing victims of truck accidents for years, and have seen the catastrophic injuries many victims suffer. We have also helped numerous families whose loved ones did not survive their injuries in getting justice for that heartbreaking loss.

Contact Patterson Bray today at (901) 372-5003, and rest assured that a Tennessee truck accident lawyer can be the one to represent you in seeking damages for the pain and loss you have suffered.

Trucking accident lawyer Memphis, TN

Common Causes Of Trucking Accidents

Trucking accidents are often severe due to the size and weight of commercial trucks compared to smaller passenger vehicles. A Memphis, TN trucking accident lawyer works with clients impacted by these types of accidents to identify the cause and build a strong legal case. Knowing the common causes of trucking accidents can help drivers and victims better understand the risks on the road.

Driver Fatigue And Hours Of Service Violations

One significant cause of trucking accidents is driver fatigue. Federal regulations limit the number of hours a truck driver can work without resting to prevent accidents caused by tired driving. Unfortunately, some drivers or companies push these limits. When drivers exceed the regulated hours without rest, they risk impaired judgment, slower reaction times, and even falling asleep at the wheel. Fatigue-related accidents can lead to severe injuries, particularly on highways where trucks are moving at high speeds.

Distracted Driving

Distracted driving is an issue for all motorists, including truck drivers. Distractions can come in many forms—using a mobile device, eating, adjusting navigation systems, or even talking on a radio. In a large commercial vehicle, even a brief distraction can have disastrous consequences. A momentary lapse in attention can make it challenging to react to sudden changes, such as traffic slowdowns or a vehicle merging into the lane.

Poor Vehicle Maintenance

Maintaining a commercial truck is critical for safety. Trucks undergo significant wear and tear due to constant, long-distance travel and heavy loads. Routine inspections and maintenance checks are essential for keeping brakes, tires, and other critical components in working order. Unfortunately, not all trucks receive the necessary maintenance. Issues like brake failure, tire blowouts, and engine malfunctions can cause drivers to lose control, leading to severe accidents.

Overloaded Or Improperly Loaded Cargo

Commercial trucks are subject to weight restrictions, which are designed to keep the truck balanced and stable. Overloading or improperly securing cargo can throw off a truck’s balance, making it more difficult to steer or stop effectively. In some cases, improperly loaded cargo can shift or fall off the truck, creating hazards for other vehicles. This is particularly dangerous on high-speed roads and in inclement weather, where quick reactions are essential.

Driving Under The Influence Of Substances

Like all drivers, truck drivers are prohibited from operating their vehicles while under the influence of alcohol or drugs. Due to the demands of their work, some drivers may turn to stimulants to stay alert or other substances to manage stress. Unfortunately, these substances can impair motor skills, reaction time, and decision-making abilities. Driving under the influence is illegal and particularly dangerous in a commercial vehicle, where even a minor misjudgment can lead to a devastating accident.

Inadequate Driver Training

Operating a large truck requires skill and training. Without proper training, drivers may lack essential skills, such as handling the truck in bad weather, making sharp turns, or understanding the vehicle’s blind spots. Inadequate training increases the risk of accidents, as unprepared drivers are more likely to make mistakes that could lead to a collision. At Patterson Bray PLLC, we frequently see accidents where a lack of training or experience played a role in causing harm to others on the road.

Aggressive Driving And Speeding

Aggressive driving behaviors, like speeding, tailgating, and frequent lane changes, are also causes of trucking accidents. Due to tight schedules and delivery deadlines, some drivers feel pressured to drive faster than is safe. When truck drivers engage in these behaviors, they reduce their ability to respond to road hazards, traffic changes, and other vehicles. Given the weight and stopping distance of trucks, aggressive driving often leads to severe outcomes in the event of a collision.

If you or a loved one has been involved in a trucking accident, we encourage you to seek legal assistance to explore your options. At Patterson Bray PLLC, we’re here to help you pursue compensation and hold responsible parties accountable. Contact us to discuss your case and see how we can support you during this challenging time.

divorce lawyer Memphis, TN

How To Choose The Right Divorce Lawyer

Choosing the right divorce lawyer can be one of the most important decisions in the divorce process. Finding a Memphis, TN divorce lawyer who not only understands the legal landscape but also has your best interests in mind is crucial for achieving a smooth and fair outcome. Divorce is often a challenging and deeply personal process, so it’s essential to approach this decision with clear criteria and practical considerations.

Know Your Priorities

The first step in choosing a lawyer is knowing what you want to achieve. Divorce can involve a range of issues, from property division and alimony to child custody and visitation rights. Identifying your goals allows you to focus on finding a lawyer who has a proven track record in cases similar to yours. Some people may want a lawyer who is aggressive in court, while others may prefer someone who is more negotiation-focused. Deciding on what type of approach best suits your situation will help narrow down your options.

Look For Experience In Family Law

When choosing a lawyer, experience in family law is key. While many attorneys may handle divorce cases, those with a primary focus on family law generally have more relevant knowledge. Family law requires an understanding of specific Tennessee laws that affect divorce, child custody, and support payments. When reviewing potential attorneys, consider those with extensive experience in family law practice, as they are more likely to understand the challenges of local courts and regulations. At Patterson Bray PLLC, we have a team with a deep understanding of these laws and how they impact our clients in Memphis and surrounding areas.

Schedule Consultations To Compare

Meeting with potential attorneys before making a decision is essential. Most law firms offer an initial consultation where you can discuss your situation, ask questions, and gauge how comfortable you feel with the attorney. These consultations are an excellent opportunity to assess whether the lawyer is attentive, responsive, and empathetic to your situation. Additionally, a consultation allows you to ask about their approach to your case, their anticipated timeline, and the types of outcomes they have achieved in similar cases. We recommend scheduling a few consultations with Memphis, TN divorce lawyers to find the right fit.

Discuss Fees And Costs Upfront

Divorce cases can involve significant financial commitment, so it’s crucial to understand an attorney’s fee structure before hiring. During your initial consultation, ask about their billing practices, hourly rates, retainer fees, and any additional costs you might incur throughout the process. Knowing the costs upfront will help you budget effectively and avoid surprises later. Some lawyers may offer a more flexible payment plan, while others operate strictly on an hourly basis. Choose a lawyer whose fee structure aligns with your financial situation and expectations for the case.

Evaluate Their Communication Style

Effective communication with your attorney can make a difference in the divorce process. Divorce can be time-sensitive, so you want a lawyer who responds promptly to your questions and keeps you updated on any developments. During your consultation, observe how the attorney communicates. Are they open and transparent with you? Do they take the time to explain legal concepts in a way that you understand? Good communication fosters a solid working relationship, which can help you feel more at ease throughout the process.

Check References And Client Feedback

Client reviews and referrals are a reliable way to gauge an attorney’s reputation. Online reviews on sites like Google and testimonials on the firm’s website can provide insights into how past clients felt about their experience. If possible, ask the attorney for references from former clients who faced similar situations. Client feedback can help you understand what to expect from your chosen lawyer and give you confidence in your decision.

Trust Your Instincts

Ultimately, trust plays a significant role in choosing the right divorce lawyer. You should feel confident that your attorney understands your needs and is committed to advocating for you. Trusting your instincts during this decision-making process is key. While research and consultations are crucial, a lawyer who makes you feel comfortable and valued will often provide a stronger partnership throughout your case.

Choosing the right divorce lawyer is a vital step in moving forward with your life. At Patterson Bray PLLC, we are here to help guide you through each stage of the divorce process with professionalism and care. Contact us today to schedule a consultation and take the first step toward a positive resolution.

Motorcycle accident lawyer Memphis, TN

The Legal Process For Motorcycle Accidents

The process after a motorcycle accident can feel overwhelming, especially when it comes to legal matters. There are specific steps involved in pursuing a motorcycle accident claim that help ensure fair treatment for all parties and adequate compensation for the injured. A Memphis, TN motorcycle accident lawyer can guide clients through each phase, helping them understand their rights and responsibilities along the way. Here’s a clear outline of what the legal process involves.

Starting With Investigation And Evidence Gathering

After an accident, the first step is to gather information to build a clear picture of what happened. Evidence can include photos of the accident scene, medical records, police reports, and eyewitness statements. We work with clients to collect these crucial details as soon as possible. This evidence helps establish who was at fault and can influence the outcome of the case. Prompt evidence gathering is critical since details may fade over time, and certain records may not be available indefinitely.

Assessing Liability And Determining Fault

Assigning fault in a motorcycle accident involves examining the actions of all parties involved. Tennessee follows a comparative negligence rule, meaning that fault can be shared, which can impact the compensation amount. For example, if a motorcyclist is found partially at fault, this percentage could reduce their compensation. By reviewing the evidence and consulting with experts when necessary, we work to establish an accurate representation of what occurred, which helps clarify the extent of liability for all parties.

Filing A Claim With Insurance Companies

Once we have enough information and a strong basis for the claim, the next step is to file with the relevant insurance companies. This involves providing all collected evidence and a thorough explanation of damages incurred. Insurance companies often request specific documentation to process claims, and it’s our job to manage this communication. Presenting a well-organized claim can make a difference in response time and the initial offer from the insurance provider. Having experience dealing with insurance adjusters helps us advocate effectively on behalf of our clients.

Evaluating Compensation Options

Compensation in a motorcycle accident claim covers areas such as medical bills, lost wages, property damage, and pain and suffering. Tennessee law allows for recovery in these categories, but calculating fair compensation involves assessing both immediate and future impacts. Future costs like ongoing medical care or rehabilitation can be significant, and we work with clients to evaluate these needs to provide a more comprehensive claim. By considering both current expenses and any future costs, we aim to reach a settlement that adequately supports recovery.

Considering Settlement Or Litigation

Many claims reach a settlement before going to court, which can save time and avoid additional stress. However, if a fair settlement can’t be reached, the case may proceed to litigation. At this point, a lawsuit is filed, and we prepare to represent the client in court. This step involves preparing evidence, identifying witnesses, and preparing for a trial. While litigation can be time-consuming, it’s sometimes necessary to reach an outcome that genuinely reflects the damages incurred. We keep clients informed throughout and work to make the process as straightforward as possible.

Pursuing The Case To Resolution

Whether through settlement negotiations or a court trial, the goal is a resolution that addresses our client’s needs. Once an agreement or verdict is reached, any compensation awarded is distributed. For many clients, this stage brings relief and allows them to focus fully on recovery. The legal process may seem lengthy, but each step plays a vital role in achieving a fair outcome.

If you’re searching for a motorcycle accident lawyer, we’re here to help. Patterson Bray PLLC takes pride in supporting clients through every step of the legal process. Contact us today to discuss your case and let us help you explore your options for a fair resolution.

Pedestrian accident lawyer Memphis, TN

The Importance Of Hiring A Pedestrian Accident Lawyer

Benefits Of Hiring A Lawyer

Pedestrian accidents can lead to serious injuries, extensive medical bills, and complicated legal situations. In the aftermath of an accident, you may be facing physical pain, emotional stress, and financial difficulties. This is where having a pedestrian accident lawyer can make a significant difference in your ability to recover and move forward.

When a pedestrian is hit by a vehicle, the injuries can be severe, even in lower-speed accidents. Pedestrians have little protection against the impact of a vehicle, and as a result, the injuries can range from broken bones and head injuries to long-term disabilities. In these situations, it’s important to focus on your recovery while a lawyer handles the legal aspects of your case.

A pedestrian accident lawyer has the knowledge and resources to handle these types of claims efficiently. They can help you gather evidence, deal with insurance companies, and work towards securing fair compensation for your injuries. Medical expenses, lost wages, pain and suffering, and other damages are all factors that can be pursued in a pedestrian accident claim.

How Legal Representation Can Impact Your Case

Pedestrian accident cases often involve determining who is at fault, which can sometimes be complicated. The driver may argue that the pedestrian was at fault, or the insurance company might try to reduce their payout by disputing the claim. A lawyer can help establish liability by reviewing the evidence, such as traffic camera footage, witness statements, and police reports. This helps in building a strong case to prove that the driver’s negligence caused the accident.

Insurance companies are often more interested in minimizing their payouts rather than offering what you may deserve. A Memphis, TN pedestrian accident lawyer can handle negotiations with the insurance company to make sure they offer fair compensation based on the full scope of your injuries and losses. Without legal representation, you may be left with an offer that doesn’t fully cover your needs, especially when factoring in future medical care or long-term rehabilitation costs.

In many cases, pedestrian accidents involve more than just the driver and the victim. There could be other liable parties, such as a business owner responsible for maintaining a sidewalk or a municipality responsible for traffic signals. A lawyer will investigate all potential sources of liability to maximize your chances of receiving compensation from all responsible parties.

Legal guidance can also help you meet critical deadlines, such as the statute of limitations for filing a personal injury claim. If a claim is not filed within the required time frame, you may lose the opportunity to recover compensation altogether. This makes it crucial to take action quickly after an accident occurs.

Benefits Of Hiring A Local Lawyer

Working with a local lawyer familiar with Tennessee laws can be especially beneficial. Pedestrian accident laws can vary from state to state, and having a lawyer who understands the local legal landscape will help in building a strong case. They know how local courts operate and may have experience with the specific judges or opposing attorneys in your area.

At Patterson Bray PLLC, we have experience representing pedestrians who have been injured in accidents. We know how stressful the aftermath of an accident can be and are committed to helping you recover the compensation you deserve. By working with us, you can focus on your recovery while we handle the legal aspects of your case.

Contact us today to schedule a consultation and find out how we can help you pursue your pedestrian accident claim.

Which of My Assets Will Pass Through the Probate Process?

As a probate lawyer Memphis, TN clients trust can explain, the probate process is a court-mandated process used to distribute estate assets not protected by a living trust, but many assets will still not be assigned to probate. This is contingent on what the court deems as a worthy asset and can vary from state to state. Probate is the known legal process that court systems use and is the management of a deceased individual’s assets. Should You Hire A Probate Lawyer?

All debtors included in this process are paid off before the ending balance is distributed out to living heirs. A probate lawyer Memphis, TN residents recommend knows that the probate process is similar but does vary from state to state. However, there are many similarities amongst jurisdictions.

For example, if an individual dies and has not left a will behind, the entirety of their estate automatically goes through the probate process. This does not include assets that can be transferred to a named beneficiary like a retirement account, assets that are present in a trust account that has named beneficiaries for said assets, or a jointly-owned account. In the event that a joint account is present, the second owner of the account will have full ownership of it.

Assets Subject to Probate

A probate lawyer Memphis, TN locals turn to knows that probate must occur for assets that are property owned and owned only in the name of the deceased individual. If the percentage of ownership of the deceased is in an investment, it is subject for probate. Likewise, if a car or house are in ownership of only the deceased’s name, it is subject to probate.

If a will does not name a beneficiary, the court will most likely appoint a surviving family member to manage the estate that is left behind. The appointed individual then obtains the authority to retain a percentage of the estate’s monetary value as payment for their work.

Not every asset is required to pass through the probate process. Any property that is stated in the living trust by name or coordinates, retirement accounts that name a beneficiary, any life insurance proceeds, any property that is in joint custody with a surviving individual, and any household goods or co-owned vehicles.

Contact a Probate Lawyer Memphis, TN Families Depend on Today

You may want to consider contacting a probate lawyer in Memphis, TN to help you to better understand the probate process. He or she can walk you through each step of the way before you make a decision regarding your estate plan, including drafting a will and whether or not a living trust is an option.

The initial consultation with an estate planning attorney is usually free and can be an immense help to those stuck on a decision. The probate lawyer Memphis, TN provides can give you specific information regarding your current state’s laws and explain to you how to avoid the probate process.

Contract Dispute FAQs

By having a legal understanding of contracts, you may be able to prevent a dispute from occuring in the first place. More importantly, a well drafted contract can protect you and your business, thereby giving you peace of mind knowing everything is in order. Whether you are involved in a contract dispute or wish to draw up a contract that minimizes the risk of a dispute, you can count on Patterson Bray. Call us today for a consultation with a Memphis business lawyer from our firm at 901.372.5003.

What constitutes a contract?
A contract is considered valid when it includes the following five elements:

  • An offer is made by one party to a second party.
  • The second party accepts the offer made by the first party.
  • Considerations are made and provided by the first party to the second party.
  • Both parties agree to create a legal relationship.
  • One or both of the parties draws up the contract based on mutually agreed-to terms.

What is a contract breach?
A contract breach is essentially a broken promise. For instance, a contractor building your home did not complete it by the agreed deadline specified in the contract, or they built it with materials you specifically did not want and you specified as such in the contract that your Memphis business lawyer wrote.

Whether you are operating a business, maintaining a trust, or renting out an extra room in your apartment, you will likely be dealing with contracts. It can be easy for a party to breach these legal documents, even unknowingly. However, many contract disputes do not end up in court and are settled through arbitration, mediation, and negotiation. In fact many contracts will have a dispute resolution clause that mandates the aforementioned methods of resolving disputes.

Proving a Breach of Contract
When a party is alleging a breach of contract, your Memphis business lawyer must be able to prove that the other party, also known as the promisor, did not comply with their standard duty to perform. If that standard is considered to be a duty, skill, or care, the accusing party should show that the promisor did not exercise the diligence required in the contract. If the standard is strict, the party must only show the performance was not received. If there was an anticipatory breach, repudiation should be demonstrated. These matters can become complex which is why it may be in your best interest to talk with an experienced Memphis business lawyer from our firm.

Consequences of a Breach
Various remedies for a breach of contract are available and they can be detailed by your business lawyer in Memphis, TN. If a party is found to have breached a contract, they will most likely be required to pay for damages. These damages are meant to cover any financial losses suffered. In some situations, damages are not a sufficient remedy. In this case other equitable remedies such as the following might be available:

Specific Performance: The court could order a party to carry out specific performances or obligations as agreed to in the contract.
Injunction: The court might order a party and their business lawyer in Memphis, TN to adhere to an injunction which could fall into two different categories:

-Prohibitory Injunction: An order not to do something.
-Mandatory Injunction: An order to perform a certain duty.

Recession: Sometimes the court may require both parties to go back as far as possible to a position before they were in a contract together. This is also known as an ‘unmaking of a contract’.

Patterson Bray: When You Need a Business Lawyer Memphis, TN Trusts
If you are dealing with a breach in contract, we can help. Call our firm today to learn more from a Patterson Bray business lawyer in Memphis, TN.

Forming a Limited Liability Company (LLC)

If you are considering forming a limited liability company (LLC), you may want to see a business lawyer Memphis, TN professionals trust to walk you through the process. An LLC is a business structure that allows the simplicity of a sole proprietorship while offering the limited liability protections that comes with corporations. If you are considering an LLC for your business, your Memphis business lawyer may be able to tell you the implications of your choices.

Can All Businesses Form an LLC?
Some state laws prohibit certain professionals from joining together to form an LLC, and a business lawyer in Memphis, TN may let you know what your state limits. Generally, insurance, trust, and banking businesses aren’t allowed to form an LLC. Other professionals, such as lawyers, doctors, and accountants, may be exempt as well.

Do You Need a Certain Number of People to Form an LLC?
Any business lawyer Memphis, TN has to offer may tell you that you could form an LLC as the sole member, but this may require extra care. You may easily be considered a sole proprietorship instead, forfeiting the benefits of an LLC.

What is Pass-Through Taxation?
Pass-through taxation is one of the benefits of an LLC. It allows the profits and losses of the business to pass through to the owners of the LLC. To put it simply, an LLC isn’t seen as a simple tax entity like a corporation would be. A business lawyer Memphis, TN can provide may help you decide if you want to take on the taxes of the LLC in this way.

You might choose to have your LLC taxed as a corporation (instead of passing the taxes through yourself) which is something you may want to discuss in more detail with your lawyer and accountant.

Who Should Form an LLC?
You may want to form an LLC if you are doing business that puts you at risk for being sued. Additionally, if your business may have large amounts of debt, you may want to form an LLC to shield your personal assets from debt collectors if things should go wrong.

A business lawyer Memphis, TN trusts may also tell you that if you are starting your business with a lot of personal assets, you might want to create separation between you and the business with an LLC. This could help in the future if something should go wrong or you should be sued, your personal assets won’t be at risk.

To form an LLC, your state has a certain process you must follow to establish the business and file important documents. If you are looking to form an LLC in Tennessee, you may want to work with a Memphis business lawyer to help you get everything completed and filed properly so your LLC is ready to operate.

Contact Our Memphis TN Business Lawyer Today for Further Advice

Forming an LLC isn’t necessarily a complicated task, but you may want to get advice and legal counsel prior to doing so. A qualified lawyer may help you determine if this is the best decision for you, and that everything is done properly according to your state’s law. Call a business lawyer Memphis, TN businesses depend on at Patterson Bray by calling 901-372-5003 today.