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 …

Child custody

What will the Court consider in making the determination? In Tennessee, the Court has many statutory factors it must consider when initially determining custody as a result of divorce or a child being born to unmarried parents, or a change of custody from one parent to another. The Court must weigh each of these factors together and make a determination …

Adoption

Wanting to adopt? What steps are required? The moment is still fresh in my mind because it is not something that happens every day. I have been in court plenty of times, but it’s not routine that people in a courtroom begin clapping. I would like to say it was because of my trial skills, but the reality is, the …

Identifying intellectual property assets

Most business owners when asked can easily name their company’s tangible assets, such as buildings, office space, furniture, inventory or equipment a company owns or leases in carrying out its business activities. But few can provide a comprehensive list of their intangible property, specifically, their intellectual property assets. How’s your IP Asset IQ? What types of intellectual property assets do …

Advanced directives

Disclosing Your Funeral Arrangements Somewhere Other Than Your Will or Trust In dealing with issues of estate planning, it is a near certainty that at some point in the process, you will have to discuss funeral arrangements and the disposition of remains for either yourself, or for someone you love. For most individuals, this entails making arrangements for either burial …

Charitable donations

I will make this Charitable Donation, but only if….. Under Tennessee law, a conditional gift is enforceable according to the terms of the gift. T.C.A. §35-13-103 states that “a gift instrument that specifies the charitable beneficiaries, objects, purposes or subjects of the charitable gift controls the disposition or administration of the charitable gift.” (Emphasis Added). So what does that mean? …

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 …

Press Release: Fidelis Law, PLLC

Nashville, Tennessee: The law firm of Ingraham, Pautienus and Tidwell, PLLC is pleased to announce that we are changing our name to Fidelis Law, PLLC. The name change is due to the significant expansion of the firm’s practice and the desire to stay focused on serving our clients holistically. In the last few years, Fidelis Law has added attorneys to …