McBrien & Kane

Your failure to abide by a Court Order can have dire consequences. The most traumatic of which can result in your being incarcerated by the Judge.

Everyone has heard those memorable words on any given cop or detective show.

During the pendency of a divorce, it is unlikely the Judge will allow you to take your children around your boyfriend or girlfriend. Often children are just getting used to the fact that their parents are no longer going to be together and introducing a new adult into the picture, can greatly complicate matters.

In Tennessee, our Courts will enforce Pre-Nuptial Agreements, but only if they meet certain legalcriteria.

Tennessee is an At-Will Employment state. That means you can be fired for cause or no cause at any time.

Our office mainly represents Landlords in Landlord/Tenant disputes. And, if you are a Landlord that we represent, we have prepared an airtight lease agreement on your behalf.

We receive several calls a day regarding “small claims court.” The Court most people are referring to when they call about this, is General Sessions Civil Court.

When a client meets with me about Estate Planning, after some discussion, I usually find that they need the following documents for proper estate planning; a Will, a Financial Power of Attorney, a Health Care Power of Attorney and a Living Will.

Every criminal case commenced in General Sessions court in Tennessee, be it Theft of Property, a Drug case, DUI, Assault or any other such crime (felony or misdemeanor) offers the Defendant the option of having a Preliminary Hearing. Though such a hearing may look like a trial to a lay person, it is not.

One of the most asked questions we hear is, what is considered marital property and what is considered separate property in Tennessee?

One of the most enjoyable aspects of my job often entails helping Step-parents and/or Grandparents or other family members adopt.

The Tennessee Legislature has modified the language in the statute which deals with visitation. 

Technically, in Tennessee we no longer use the words custody or visitation. A few years back, the statutes were changed and now – you will see the words Primary Residential Parent and Parenting Time replacing those words.

Do you really need a will? Won’t everything go to my second wife but what about my children from my first marriage?  I have a child or grandchild with special needs what can I do for them? What about a trust vs. a will? Is it true that probating a will can take years and thousands of dollars in Tennessee.  These are all questions that we address with our clients.

We all hear the advertisements for forms that are quick and cheap.  Wills off the internet are cheap, quick and dangerous.  I have just recently reviewed a will that look good but the witnesses had signed the will the day before the testator.  The simple things can destroy the best laid plans for your family.

When we talk with our clients we try to look at the overall estate plan they may need.  Those discussion can be about powers of attorney for financial / business matters, power of attorney for health care decisions and livings wills. 

A discussion with an estate attorney (and many times your accountant) about your wishes for your family can make your passing so much easier for your family. You need a plan for you family.  No one likes to talk about death, wills, trusts, estate taxes,  guardians, executors, and probate.  But not taking the steps to plan and prepare is letting your family down and suffer even more. Plus there are some very simple things that you can do that will simplify the probate process. 
   
Do what is right for your family. 

Sometimes you just don’t care for your given name. And in those cases, your name can be changed with a one-time Court appearance.

There are basically two types of custody – sole custody and joint custody.

 WHO DO I GIVE A COPY OF MY WILL TO?

What do you do now?  It is really tough dealing with a lay off or just the insecurity of your job. What are my options?  Or you and your friend may have a great idea or a special skill set that is very valuable. You just want to start making money and be on the road to security.

Years ago, child support, in Tennessee was based on percentages of the non-custodial parent’s income. You paid 21% of your income for one child, 32% for two children and so on.

Being in a position to have to ask the Court to establish a Conservatorship over a family member or friend is hard. However, often that person can not receive the appropriate medical care or state benefits, unless someone is able to step in and legally help them.