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Author: Angel Kane

ANGEL KANE has been practicing law since 1995. Angel was a member of the University of Memphis Law Review and served as a judicial law clerk while in law school. A graduate of the University of Memphis Law School, Angel has practiced in Memphis and Lebanon, Tennessee.

Five New Tennessee Laws for 2024

A new year means new laws. Below are five new Tennessee laws to be aware of. These laws are effective January 1st, 2024.

James Dustin Samples Act, Abrial’s Law, & Senate Bill 0814 | Five New Tennessee Laws

  1. Senate Bill 0856 (aka the “James ‘Dusitn’ Samples Act”):

This new act of legislation will enact a grant program. This program will cover the cost of employers that provide workers’ compensation for firefighters. Allowing them to seek help with PTSD (post-traumatic stress disorder). This act is named after James ‘Dustin’ Samples, a firefighter from Cleveland, Tennessee. Sadly, James took his own life after battling PTSD.

(Source: wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0856)

New Laws, New Laws in Tennessee 2024, Tennessee Law

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Safeguarding Your Wealth. A Comprehensive Guide to Legal Asset Protection.

Safeguarding your wealth is a prudent and responsible measure. Asset protection involves legal strategies to shield your assets from potential creditors, lawsuits, and other financial threats. Below, we will explore key concepts, strategies, and legal tools to help you navigate the complex asset protection landscape.

Asset Management, Estate planning

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Death Without a Will. My parents died without a will. What should I do?

If your parents died without a Will, it is challenging to know how to divide their property and assets legally. When there is a death without a Will, it is known as dying “intestate.” If this is your situation, you must determine how your state laws dictate asset distribution. Below, we will explore the steps to take and the legal processes involved when handling your parent’s property if they pass away without a Will.

Family Law, Wills

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Navigating Military Divorce

Navigating a military divorce can be complex. This type of divorce can present unique challenges and legal complexities that differ from civilian divorce. This type of divorce is primarily complex due to the intersection of military service regulations and family law.  Below, you will find some key considerations involved in military divorces.

Divorce, Family Law, Military Divorce

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9 Legal Documents Adults Need. Preparing for When Your Child Turns 18.

When your child turns 18, they officially become adults in the eyes of the law. As adults, it is time to prepare the 9 Legal Documents Adults need. Yes, we realize this is not what an 18-year-old wants to think about at this time in life. However, while this transition is often marked by newfound independence and responsibilities, it requires various essential legal documents. These documents are necessary to protect your new adult’s rights and well-being. Here is a list, along with some essential information, regarding the 9 Legal Documents you should consider for your child’s coming of age:

Family Law, Living Will, POA

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Understanding TN Community Property Trusts

We are here to help you understand TN Community Property Trusts (CPTs). These are valuable estate planning tools offering unique benefits for married couples in Tennessee. While not as common as traditional revocable living trusts, CPTs can manage and protect assets while taking advantage of Tennessee’s community property laws. Below, we’ll explain the critical aspects of Tennessee Community Property Trusts and why they may be advantageous for couples.

CPTS, Estate planning

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Health Care and Financial Power of Attorneys. A Crucial Legal Consideration.

Planning for the future involves more than just setting goals. It requires comprehensive legal arrangements, such as Health Care and Financial Power of Attorneys, to ensure your wishes are honored. This type of consideration is crucial, specifically in unforeseen circumstances. The Health Care Power of Attorney (HCPOA) and Financial Power of Attorney (FPOA) are necessary legal documents. These legal instruments empower individuals you trust to make crucial decisions regarding your medical treatment and financial affairs when you cannot do so.

Elder Law, Kane Law, Power of Attorney

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Do I Need a Will?

People often ask, “Do I need a Will?” If you do not have one, you will not be in control of what happens to your assets upon your passing, and you could leave your family in a challenging mess. Delaying these thoughts is human. You may feel uncomfortable about having a Will drafted because thinking about your death may feel scary. Also, you may feel overwhelmed about making so many decisions at once. And, as attorneys, we understand. This is why we are here to help make drafting a Will more manageable.

Having a Will drawn up allows you to control who will receive your assets upon your passing. If you do not have a Will when you die, the law will determine who receives your property. The Will also allows you to name who will be in charge of administering your Estate upon your passing. This will include paying your debts, collecting any assets owed to you, and distributing any of your property. If you do not have a Will, the Court will decide who will administer your Estate without your input. Also, in a Will, you can name who you want to be the Guardian of your minor children. And all of these are important things to have outlined.

Family Law, Kane Law, Last Will & Testament

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Step-child Adoption

Are you a step-parent who helps your spouse, the biological parent, raise your step-child? And, do you wish to formalize your relationship with this child through step-child adoption? Taking this step means the child will legally be your child. Here are a few things to consider before doing so.

For a step-parent to adopt a child, the other biological parent’s parental rights will need to terminate. In some cases, the biological parent may consent and allow the adoption. However, if consent is denied, termination of parental rights must be legally proven. Therefore, understanding Tennessee Law to identify the appropriate legal grounds is essential to step-child adoption. Once the termination takes place, the step-parent adoption can proceed.

Family Law, Kane Law, Step Parent Adoption

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Considering a Prenuptial Agreement?

Are you getting married and want to protect your assets? Then, you should be considering a pre-nuptial agreement. This is a negotiated document signed by a couple before their marriage. The document will typically lay out ownership of property, money, and assets. Additionally, the document will be binding in Court provided the document is entered into freely, knowledgeably, and in good faith. All assets of both parties must be fully disclosed, or the document will not be considered enforceable. And, each person must have an attorney to ensure each one has full knowledge of what is going on. As well as what is being signed. This helps ensure the agreement is enforceable.

Family Law, Kane Law, Prenuptial Agreement

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