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.
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.
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.
A Power of Attorney (POA) is a legal document giving certain powers to someone you appoint to act on your behalf. This document will specifically lay out the powers given to the person you appoint. Before signing a Power of Attorney, you must know there are two types of power of attorney 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, such as making deposits, paying bills, filling out insurance paperwork, etc. Signing a POA ensures that someone you trust will manage your financial affairs and make healthcare decisions if you cannot do so for yourself. Preparing this legal document is vital if you foresee health problems affecting your ability to handle matters for yourself in the future.
Although only one spouse’s name appears on the Deed to the property it does not mean that spouse is the sole owner. If acquired during the marriage, each spouse has an ownership right in the property. Regardless of how the property is titled. This means 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 acquired before the marriage. If the property was acquired pre-marriage and a spouse’s name is not on the property, that spouse may still have an interest In its appreciation. This appreciation would most likely be evaluated since the inception of the marriage. If a spouse has contributed to the property in any way, they can potentially claim an interest in it. It is essential to understand what your rights are regarding property titles and divorce.
You are entitled to alimony if you need support, and your spouse can pay it. A Court can order alimony for several reasons. Alimony may be required to help a spouse earn more or get a job. Or it could be awarded to help a spouse return to school so they have a higher earning capacity. In Tennessee, a Court may order temporary, short-term, or long-term alimony.
The United States Supreme Court Allows States to Regulate Sports Gaming.
On Monday, May 14, 2018, the United States Supreme Court issued its opinion on Murphy v. NCAA, the National Collegiate Athletic Association. Therefore, in this opinion, the Court ruled 7-2 to strike down a Federal law prohibiting betting on sports. Other than in narrowly defined exceptions. The ruling is a victory for States’ rights. And may have more significant implications for the States in the Union.
Tennessee Supreme Court Reverses and Agrees with Trial Court
In March 2018, the Tennessee Supreme Court clarified Wrongful Death claim. Issuing its decision in Nelson v. Myres. Involving the interpretation and priority of claims under Tennessee’s wrongful death statute, found at Tenn. Code Ann. Sec. 20-5-106. In Nelson, an automobile accident in Sumner County, Tennessee, claimed the life of Mrs. Myres. Her husband, who was driving the vehicle at the time of the accident, was later incarcerated for vehicular homicide.
Both Mr. Myres and Brittany Nelson, Mrs. Myres’ adult daughter, filed wrongful death actions on behalf of Mrs. Myres. The Sumner County trial court dismissed Ms. Nelson’s action, holding that Mr. Myres’ as the surviving spouse, had priority to maintain the wrongful death action. On initial appeal, the Tennessee Court of Appeals reversed the trial court, holding that Mr. Myres had a conflict in bringing the wrongful death action. He could act as both a plaintiff and defendant, as his partial fault could be determined. Only Ms. Nelson’s action would adequately prosecute Mrs. Myres’ wrongful death.
Tennessee Supreme Court Clarifies Wrongful Death Claim
The Tennessee Supreme Court reversed and agreed with the trial court that Mr. Myres, had priority to bring the wrongful death action over Ms. Nelson. Because he was the surviving spouse of Mrs. Myres. The Supreme Court specifically noted that Tennessee’s wrongful death statute Sec. 20-5-106, expressly provides the surviving spouse has priority over a decedent’s children. Therefore, to bring a wrongful death action on behalf of the decedent. The Supreme Court also noted there was no exception for the circumstances present. When the surviving spouse may be implicated as negligently causing the death of the decedent spouse. However, exceptions in Tennessee law, where a surviving spouse may not bring a wrongful death action on behalf of their spouse, where the surviving spouse has abandoned or intentionally killed or caused the death of the decedent.
If you have questions about personal injury law, contact Attorney Angel Kane at https://www.kane-law.com or (615) 444-8081.
Legislature Passes Cell Phone Access Law in Domestic Violence Cases
On April 3, 2018, the TN legislature officially passed House Bill 2033. This law allows victims of domestic abuse to request a court grant access to the victim’s cell phone plan. Even if they are not the account holder. The passing of this cell phone access law is paramount in assisting domestic violence victims.
Rep. Jim Coley introduced the bill. It allows a victim of domestic violence to ask the issuing court to direct the victim’s phone company to transfer billing responsibility and account rights to the victim. Even when that victim is not the account holder. The victim may ask for such an order when initially seeking an Order of Protection or when making a separate request of the court.
The Supreme Court Clarifies Wrongful Death And Child Support Arrearages in Spires V Simpson.
In December 2017, the Tennessee Supreme Court clarified wrongful death and child support arrearages, issuing its opinion on Spires V. Simpson. concerning a wrongful death lawsuit out of Monroe County, Tennessee.
In Spires, Mr. and Mrs. Spires were parents of a minor child, born in the spring of 2009. One month after the child’s birth, Mr. Spires abandoned the family, though the parties did not divorce. Mr. Spires did not provide any child or financial support to Mrs. Spires. In October 2010, Mrs. Spires was tragically killed in a car accident. Mrs. Spires’ mother got custody of the child following her daughter’s death.
One month after Mrs. Spires’ death, Mr. Spires brought a wrongful death action against the driver of the vehicle. Both Mrs. Spires’ mother and brother sought intervention in the wrongful death accident. Both said since they are the child’s custodians, they are entitled to the wrongful death settlement. Not Mr. Spires. Noting that Mr. Spires had failed to pay any child support to Mrs. Spires for the benefit of his child.
The trial court agreed with Mrs. Spires’ mother and brother. Holding that Mr. Spires could not recover any amounts from the wrongful death lawsuit due to him. Thus owing back child support to Mrs. Spires and for the benefit of four unrelated children. The Tennessee Court of Appeals made a reversal. Stating Mr. Spires was entitled to prosecute the wrongful death lawsuit. However, any recovery he received would be applied to his back child support arrearages. Even support for the children other than his child with Mrs. Spires.
Spires V. Simpson Wrongful Death Opinion
The Tennessee Supreme Court disagreed with the trial court and the Court of Appeals. The Supreme Court held that the child support arrearage provisions at Tenn. Code Ann. § 20-5-107 and Tenn. Code Ann. § 31-2-105 did not apply in the Spires V. Simpson case. Mr. Spires was prosecuting the wrongful death action as the surviving spouse of Mrs. Spires. The Child Support Arrearage forfeiture provisions only preclude a parent who is behind on child support from prosecuting a wrongful death action on behalf of a deceased child. When that parent owes child support for the benefit of the dead child. The Supreme Court found the purpose of the two forfeiture provisions was to prevent a parent from financially benefitting from the wrongful death of a child the parent failed to support.
The Spires V. Simpson opinion clarifies the interpretation of who can bring a wrongful death action. And the Child Support Arrearage forfeiture provisions. Legal cases can be dynamic, and new cases may emerge on this subject. To get the most recent and accurate information about the “Spires versus Simpson” case in Tennessee, I recommend checking local news sources, court records, or official legal databases for the latest updates on the case. Legal databases or the official website of the Tennessee courts system could provide details on ongoing cases. For more information or to read the full opinion, visit http://tncourts.gov/courts/supreme-court/opinions/2017/12/27/kenneth-m-spires-et-al-v-haley-reece-simpson-et-al .
