Blog - Kane Law

Trial Judge’s Refusal to Terminate Parental Rights on Best Interests Overturned By Court of Appeals

Written by Amanda Crowell on February 25, 2021. Posted in Amanda Crowell's Blog, Kane & Crowell Blog.

In Re Ella H., No. M2020-00639-COA-PT

On January 13, 2021, my clients received a moral and legal victory. When I originally took their case in July 2018, the mother and stepfather of a then three year old girl seemed to have an ironclad case to terminate the biological father’s parental rights. The biological father knew exactly where my clients lived and how to contact them. The biological father had never established his paternity and never paid more than token support for the child. He had not initiated contact with the child since she was seventeen months old.

Court of Appeals, Terminate Parental Rights

I Think I have an Uncontested Divorce – But Do I Really?

Written by Lindsey Waller Johnson on February 19, 2021. Posted in Kane & Crowell Blog, Lindsey Waller Johnson's Blog.

Many people come to our office and believe that their divorce is “uncontested”, but what does that really mean?

An uncontested divorce means that both parties agree on each and every aspect of the divorce and are willing to enter into written agreements evidencing such. The parties must agree on everything – from division of assets and debts, to regular scheduled parenting time, to who gets the children on Christmas Eve every year – are you splitting the day, or switching up even and odd years? If parties agree on mostly all aspects, but there are certain things that neither party is willing to budge on – the divorce will not be uncontested.

Lindsey Waller Johnson Attorney At Law, Uncontested Divorce

The Importance of Having a Last Will & Testament

Written by Kayla Costley on February 19, 2021. Posted in Kane & Crowell Blog, Kayla Costley's Blog.

A lot of people avoid it because it means you have to consider what will happen upon your death, but having a Last Will & Testament is so important. If you do not have a Last Will & Testament, you will not be in control of what happens to your assets upon your passing and you could leave your family to deal with a mess. Having a Will drawn up allows you to be in control of who will receive your assets upon your passing. If you do not have a Will when you die, the law will determine who will receive your property. The Will also allows for you to name who will be in charge of administering your Estate upon your passing, including 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 make the decision of who will administer your Estate without your input.

Last Will & Testament

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Annuities and the Annuitizing Process

Written by Bryson Eubanks on October 25, 2019. Posted in Bryson Eubanks Blog, Kane & Crowell Blog.

TennCare/Medicaid treats annuities in one of two ways: 1. Income or 2. Resource. In a previous blog post, RETIREMENT ACCOUNTS OF THE COMMUNITY SPOUSE, we discussed that resources are either considered countable or exempt by TennCare/Medicaid. A TennCare/Medicaid applicant can transform an annuity, or retirement account, from a countable resource into an exempt resource. However, the process to do this is both time and rule sensitive.

Annuities, Retirement Planning, Tenncare/Medicaid

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Recent Changes In the Law Greatly Affect the Way Spouses Must Plan for TennCare/Medicaid

Written by Bryson Eubanks on October 25, 2019. Posted in Bryson Eubanks Blog, Kane & Crowell Blog.

Retirement Accounts Of the Community Spouse

When a married couple considers paying for long-term care with TennCare/Medicaid, they are split into two categories: 1. Institutionalized Spouse (IS) and 2. the Community Spouse (CS). The difference between the two is that the IS is applying for TennCare/Medicaid benefits while the CS is not. Under the same application, Medicaid always determines whether spousal resources are countable or exempt. As you would expect, countable resources can prevent eligibility, but exempt resources do not. Traditionally, retirement accounts, such as IRA’s and 401K’s, for the IS are always countable resources for qualification purposes. On the flip side, the CS’s retirement accounts did not count, if the CS was taking monthly payment that were equal to a required minimum distribution (RMD).

Long-Term Care, Tenncare/Medicaid

Why Do I Need a Last Will & Testament?

Written by Angel Kane on March 11, 2019. Posted in Angel Kane's Blog, Kane & Crowell Blog.

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.

Having a Will drawn up allows you to be in control of who will receive your assets upon your passing. If you do not have a Will when you die, the law will determine who will receive your property. The Will also allows for you to name who will be in charge of administering your Estate upon your passing, including 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 make the decision of who will administer your Estate without your input. Also in a Will, you are able to name who you want to be Guardian of your minor children.

Family Law, Kane Law, Last Will & Testament

Is My Alimony Still Tax Deductible in 2019?

Written by Amanda Crowell on March 4, 2019. Posted in Kane & Crowell Blog.

As of January 1, 2019, the law has changed in regard to tax implications when it comes to alimony. A spouse who is either ordered to pay alimony or who receives alimony will no longer be allowed to claim the alimony as income or list the alimony as a deduction when it comes to taxes. Prior to January 1, 2019, the spouse receiving alimony was able to list it as taxable income and the spouse paying alimony was able to list it as a deduction, but this is no longer the case. This will apply to all alimony orders that are entered after January 1, 2019. This new change in the tax law will not apply to any Orders for alimony that were entered prior to January 1, 2019.

Allimony, Family Law, Tax Deduction

How Can I Adopt My Stepchild?

Written by Angel Kane on February 25, 2019. Posted in Kane & Crowell Blog.

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.

In order for a stepparent to adopt a child, the other biological parent’s parental rights must be terminated. In some cases, this may be done by that biological parent consenting to the adoption. If the consent is not given, then the parental rights must be terminated based upon proof of one of the grounds for termination as allowed by Tennessee law. Once the termination takes places, the stepparent adoption can proceed.

Family Law, Kane Law, Step Parent Adoption

Do I Need a Prenuptial Agreement?

Written by Angel Kane on February 18, 2019. Posted in Angel Kane's Blog, Kane & Crowell Blog.

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.

Family Law, Kane Law, Prenuptial Agreement

If I Sign a Power of Attorney, What Does That Mean Exactly?

Written by Angel Kane on February 11, 2019. Posted in Angel Kane's Blog, Kane & Crowell Blog.

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.

Family Law, Kane Law, Power of Attorney