Contesting the Validity of a Last Will & Testament versus a Revocable Living Trust

Any attorney handling estate planning matters will have been asked this question…what do you recommend for estate planning, a Will or a Trust? The answer is the standard lawyer response…it depends. In fact, it depends on a variety of factors: What are the family dynamics like? What is the nature of assets owned? Where are the assets located (in state/out …

What it takes to walk away

At some point in your career, you may decide that the lure of greener pastures, or the siren song of long lusted after holiday destinations are now too hard to ignore. After years of putting in time at the corporate office, the firm, or slaving away in a skilled trade or industry overseeing the manufacture of golden widgets, you have …

Joint tenancy: a bitter inheritance

I remember as a kid when my siblings and I would get into fights while traveling on trips, and my father would threaten “Do I need to pull the car over?” That was always enough to stop the dispute. Improper estate planning can bring back those memories – by rekindling childish jealousies among adult children. But this time, if you …

Can your child support be modified?

If it has been more than one year since your child support order was entered by the Court, it is probably time to take your child support in for a check-up. Chances are that either you or former spouse has had an increase or decrease in income since the time your child support order was entered, or have had a …

The hidden costs of litigation

Some clients who seek to resolve a dispute through a lawsuit, or who find themselves engaged in the litigation process may be confronted with litigation costs of a kind that they did not anticipate before filing. Included in that list of expenses are some that may not be easy to recognize, such as costs that are financial, personal, and even …

No will, big problem?

I recently met with prospective clients who have two children over the age of 18, and no Last Will & Testament. We discussed estate planning options and at the end of the conversation the husband asked a simple question. Why do I need a Last Will & Testament if everything I own will just pass to my wife when I …

Creditors of an estate

If a loved one dies with debt, who is responsible to pay for it? I recall a friend from church asking with concern in his voice, “My grandfather died owing some credit card debts. Does his family have to pay for this?” While exceptions can apply, the short answer to his question was “no.” Tennessee law says that the personal …