To some people, it may seem scary to have a Last Will & Testament drawn up because that means you have to think about what will happen upon your death. If you do not have one drawn up though, you will not be in control of what happens to your assets upon your passing and you could leave your family in a mess.
Kane & Crowell
You may be a stepparent that has helped your spouse, the biological parent, raise your stepchild and now you wish to formalize that relationship through adoption. This means that child would now be your own, legally.
If you are getting married and want to protect your assets, then yes. A prenuptial agreement is a negotiated document, signed by a couple prior to their marriage. The document will typically lay out ownership of property, money, and assets. This document will be binding in Court as long as the document is entered into freely, knowledgeably, and in good faith. All assets of both parties must be fully disclosed or else the document will not be considered enforceable. It is very important that each person has their own attorney to ensure that each of you have full knowledge of what is going on and what you are signing and also make sure the agreement is enforceable.
A Power of Attorney is a legal document that gives certain powers to someone you appoint to act on your behalf. The Power of Attorney will specifically lay out the powers that are given to the person whom you appoint. There are two types of power of attorneys that you can sign. A Healthcare Power of Attorney allows you to appoint someone to make healthcare decisions for you. A Durable Power of Attorney will appoint someone to handle everything else for you, including making deposits, paying bills, filling out insurance paperwork, etc. Signing a Power of Attorney ensures that someone you trust will manage your financial affairs and make healthcare decisions in the event that you are not able to do so for yourself. A Power of Attorney is especially important if you have health problems that you foresee affecting your ability to handle matters for yourself in the future.
It is also important to note that you are able to revoke the Power of Attorney at any given time. If you revoke the Power of Attorney, this means you are able to take away all of the authority that was granted by the Power of Attorney. Also, the Power of Attorney is only effective while you are still living. Upon your death, the Power of Attorney becomes void and is no longer effective.
If you have any further questions about a Power of Attorney or if you need one drawn up, contact Angel Kane at Kane & Crowell Family Law Center at www.kane-law.com or by phone at (615) 784-4800.
Simply because only one spouse’s name appears on the Deed to property, does not mean that spouse is the sole owner of the property. Each spouse has an ownership right in the property if it were acquired during the marriage, regardless of how the property is titled. This means that a spouse is still entitled to their equitable share of the property in a divorce proceeding. A spouse can also have a marital interest in any property that is acquired before the marriage. Even if the property was acquired before the marriage and a spouse’s name is not on the property, that spouse may still have an interest in the appreciation of that property since the marriage. If a spouse has contributed to the property in any way, they can possibly claim an interest in the property.
The same goes for any property – cars, accounts, and retirement accounts. Do not let how something is tilted deter you from asking for your marital share.
If you are needing to file for divorce or have further questions regarding your interest in property, contact Angel Kane at Kane & Crowell Family Law Center at www.kane-law.com or by phone at (615) 784-4800. We handle cases in Wilson County, Sumner County, Trousdale County, Macon County, Smith County, and Rutherford County and are happy to put our experience at work for you.
There may be many reasons that you do not want one of your children to receive any part of your Estate upon your death. You may not have a good relationship with that child, or maybe you feel like that child is better off than the rest of your children, so they do not need any part of your Estate. Whatever the reason, you are certainly able to disinherit a child in your Last Will & Testament. It is important that you have a Will drawn up if you want to disinherit a child, because you will not be able to disinherit them if you do not have one. Your Will must make it very clear that you are wanting to disinherit this child so that it does not seem like a mistake was made and you just accidentally “left them out of the Will”. Simply failing to mention the child in your Will is certainly not a good idea, as this may lead the Court to think a mistake was made or that this child was born before your Will was drawn up; therefore, the Court may think that child should be entitled to some part of your Estate. It is very important to state your intention clearly in your Will.
You do not have to state the reason you want to disinherit your child, but some people find it useful to leave a letter (separate from their Will) which states the reason that a child is being disinherited. If you do this though, make sure your letter does not contradict anything that you have written in your Will.
If you have any further questions about disinheriting a child, contact Amanda Crowell at Kane & Crowell Family Law Center at www.kane-law.com or by phone at (615) 784-4800. Let us put our experience to work for you.
You are entitled to alimony if you are in need of support and your spouse has the ability to pay that support. A Court can order alimony for several reasons. Alimony may be required to help a spouse earn more or get a job or could also be awarded to help a spouse return to school so that they have a higher earning capacity. In Tennessee, a Court may order temporary, short-term, or long-term alimony. Temporary alimony is granted during the divorce proceeding and before the final decree. Short-term alimony may be granted after the divorce to allow the receiving party time to gain necessary skills in order to have a higher earning capacity. Long-term, or permanent alimony may be granted to a spouse who has significant needs and is usually reserved for long-term marriages.
Going to Court can seem scary to those who have never been. Hopefully these tips will help alleviate some of your fears.
What to Wear?
This is one of the biggest questions that our clients ask if they have never been to Court. When you are thinking about what to wear to Court, you want to think of it as if you were going to a job interview. You want the Judge to know that you respect the Courtroom and that you think this process is important.
For men, it is not necessary to wear a suit but, of course, you can wear one if you want to. Men should usually wear a button-down shirt with dress slacks and nice shoes. For women, it is appropriate to wear a nice shirt with slacks, a suit, or a nice dress.
What to Bring?
You are not allowed to bring your cell phone, iPad, or laptop with you in the courtroom, so please leave them in your car when you come. You can bring your notes or a legal pad to write on if you want to take notes during the hearing.
Inside the Courtroom
You and your attorney will usually go into the courtroom together. Our office is located right across the street from the courthouse, and our Attorneys will usually walk to Court with you. If it is a day that other cases are being heard, you want to be sure to be respectful during those hearings. When it is time for your case to be heard, the Judge will call the parties and their attorneys up. The Judge will be in the middle of the courtroom sitting on the bench. You will sit on one side of the courtroom with your attorney, and the opposing party will be on the other side with their attorney. Please always be sure you are respectful to the Judge, as well as the other attorney if they are asking you questions. You should also be aware of your body language while in the courtroom. The Judge will be watching you at all times, so try not to make it known if you are frustrated (easier said than done of course).
Even if you have paid close attention during the hearing, you may still be wondering “what just happened” after Court. Your Attorney will explain to you what all happened, what the Judge decided, and what the next steps are after your hearing. You may even have questions in the days to follow the hearing, so be sure to follow up with your Attorney until you fully understand what happened in Court.
The Attorneys at Kane & Crowell Family Law Center have more than two decades of experience and are in Court daily. The most important advice we can give you is to listen to our advice and ask questions if you do not understand. Our Attorneys and staff can make an anxious situation much, much easier.
If you are filing for divorce, have a custody situation, a probate matter, or need a will or trust, contact us at www.kane-law.com or by phone at (615) 784-4800. We handle cases in Wilson County, Sumner County, Trousdale County, Macon County, Smith County, and Rutherford County and are happy to our experience at work for you.
Along with a new year, comes new changes in the law. Many new laws take effect in 2019, including the following:
- Law Enforcement will now be required to provide a formal notice within five (5) days of property seizures of a forfeiture-warrant hearing to the property owner, even if the property owner was not present at the time the property was taken. Any property that is wrongfully seized must be returned within five (5) days.
- In 2018, retail stores were able to begin selling alcoholic beverages on Sunday, but this did not include grocery stores. As of January 6, 2019, grocery stores will be able to sell wine on Sundays from 10:00 a.m. until 11:00 p.m.
- There are new laws that will take effect concerning opioids and pharmacies. Initial opioid prescriptions will now be limited to a three-day supply for new patients. Although, there will be exceptions for surgeries, cancer, hospice, sick cell and treatment in licensed facilities. A new state law will also establish an opioid hotline and requires any
business that handles, distributes, or carries opioids to hang a sign up with the hotline’s number so that any potential opioid abuse can be reported anonymously.
- In cases where an ultrasound is performed as part of the examination that takes places before an abortion, the person who performs the ultrasound must now offer the woman getting the abortion the opportunity to learn the results of that ultrasound. If the ultrasound is performed, the report of the abortion must indicate whether or not a heartbeat was detected during the ultrasound. This data will then be reported to the Department of Health each year.
- Public schools and public charters schools that are being used for polling places for the November election must be closed for instruction on election day; however, for elections outside of the November election, it will be up to law enforcement agencies to decide whether or not the schools should be close.
To learn more about how these new laws and others may affect you, contact us at www.kane-law.com or by phone at (615) 784-4800.