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Nashville Tennessee Legal Blog

Using trusts to protect assets from adult beneficiaries

People in Tennessee may make a grave error if they leave their assets outright to their adult children without considering whether their offspring have the financial maturity needed to properly handle the wealth they receive. Just because someone is a particular age does not mean that he or she possesses financial sophistication. It is important that individuals consider the risks associated with leaving inheritances directly to adult children and the benefits of using a trust as a vehicle for the inheritance.

A common goal for wealth is to see to it that it will last for years for multiple generations. Having the wealth professionally managed can help this goal be realized. While an adult child who has been left his or her inheritance outright may see the wisdom of hiring a financial advisor to assist with managing the wealth, he or she may not be wise enough to choose the right person for the job.

Estate plans and digital assets

Tennessee residents should make sure that their estate plans include provisions for all of their assets. This includes digital assets, such as emails.

According to one associate professor of law, the law leaves no doubt about the treatment of physical assets, like paper documents, when a person dies. However, court rulings, laws and regulations are just starting to address what should happen to the digital property people leave behind when they die. In the majority of cases, the enterprises that store the digital information determine what happens to the assets despite the wishes or instructions of decedent.

Why estate planning is essential for businesses

Tennessee business owners have a great deal to consider when planning for the protection and longevity of their companies. However, one layer of security that is often overlooked is business estate planning and probate. Most people make provisions for the financial care of family upon their demise. Unfortunately, many business owners neglect to properly plan for the survival of the very thing they have spent their lives building. While business estate planning might seem overwhelming, there are substantial considerations that make it necessary to begin a business estate plan as soon as possible.

In order to last beyond the lifetime of the owner, it is necessary to establish a pathway to have the business transition from one generation to the next. Without a plan in place, the business could flounder, costing employees their jobs and livelihood. An estate business plan will create a procedure for management to carry on the daily operations of the business following the death of the owner.

Co-parenting might be an option for child custody situations

Child custody arrangements aren't standardized like they once were. In the past, children were usually sent to live with the mother and only saw the father every other weekend. This isn't the case now. Child custody arrangements are now based on what is best for the children instead of what is easiest for the adults or on some archaic formula.

There are many different parenting arrangements that you can consider. You should think about how each option will impact the children. One of the possibilities is the co-parenting model. This means that you will work closely with your ex, but the arrangement might be in the interest of your children.

Report: Federal agencies secretly tipping off local police

A report by Human Rights Watch says that federal law enforcement agencies have been passing along secret tips based on information collected through constitutionally questionable methods. When state and local law enforcement receive these tips, they create a false narrative about how they discovered the information in a process called "parallel construction."

While law enforcement insists this is legal, it may not be constitutional. If the original source of the information was an unconstitutional search, any use of that information would presumably violate the suspect's rights. Moreover, hiding the real source of evidence prevents defendants from being able to fully confront and challenge it. Finally, these deceptive practices open the door to abuse, prejudice and misconduct.

Do Class Action Suits Have to Involve a Large Number of Plaintiffs?

There is no limitation to the number of plaintiffs who can participate in a class action suit. However, the claims of all participating parties must have the common aspects required to qualify for such a suit, and exceptionally large classes may not meet this vital prerequisite. Seeking advice from an experienced civil litigation attorney can help individuals in Nashville and elsewhere in Tennessee understand the best options for handling any civil case.

Are Seniors Susceptible to More than Physical Abuse?

Unfortunately, anyone who has a significant degree of control over the lives of seniors can easily subject them to financial abuse. Whether your loved one resides at home with a caregiver or in an elder care residential facility, you need to remain watchful for signs that someone is taking financial advantage of him or her. If you have even minor concerns, consult with an experienced Nashville nursing home abuse attorney who can advise you of next steps.

Why You Should Never Admit Fault in an Auto Accident

The moments after a motor vehicle accident tend to be confusing, especially when you suffer the pain of injury. You may truly believe you recall how your own negligence contributed to an accident, but hours later you can remember details that prove your original beliefs were inaccurate. Additionally, the legal definition of negligence may differ greatly from your own perceptions. To protect your right to pursue fair compensation for your damages, you need to seek advice from a knowledgeable Nashville motor vehicle accident attorney.

Do the Grounds for Divorce in TN Make a Difference in the Ability to Negotiate a Settlement Out of Court?

Couples can often negotiate an equitable divorce settlement even when one party is clearly at fault for the termination of a marriage. But basic human nature makes such negotiation more difficult when one party commits an act that angers the other ¾ and represents fault-based grounds for divorce in TN.

What are Non-economic Damages in Nashville Personal Injury Lawsuits?

The economic damages that victims of negligence can pursue in a personal injury case include the costs of medical treatment, lost wages and even the costs of hiring someone to help care for the home and family during a recovery period. But particularly when injuries result in permanent disability, victims may face a lifetime of physical and emotional pain. Entire families suffer substantial emotional losses as their lives change forever. An experienced personal injury attorney helps injury victims pursue these non-economic damages, along with economic damages when negotiating or litigating personal injury claims.

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