Category: Angel Kane’s Blog

Retirement-Accounts-Of-the-Community-Spouse----Bryson-Eubanks-Attorney---Kane-Law.jpg

Spousal Planning for TennCare/Medicaid. Recent Changes In The Law

Written by Angel Kane on October 25, 2019. Posted in Angel Kane's Blog, Kane & Crowell Blog.

When a married couple considers paying for long-term care with TennCare/Medicaid, they are split into two categories: Institutionalized Spouse (IS) and Community Spouse (CS). It is essential to understand the differences between the two when Spousal Planning for TennCare/Medicaid. Specifically, 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 IRAs and 401Ks, 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 payments equal to a required minimum distribution (RMD).

Long-Term Care, Tenncare/Medicaid

Do I Need a Will?

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

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

Considering a Prenuptial Agreement?

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

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

If-I-Sign-a-Power-of-Attorney-What-Does-That-Mean-Exactly---Kane-Law.jpg

Signing a Power of Attorney

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

What does signing a Power of Attorney mean?

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.

Family Law, Kane Law, Power of Attorney

My-Name-is-Not-on-the-Deed-to-Our-Property.-So-What-Happens-When-We-Divorce---Kane-Law.jpg

Property Titles And Divorce. What Happens When My Name Is Not on the Property Deed And We Divorce?

Written by Angel Kane on February 4, 2019. Posted in Angel Kane's Blog, Kane & Crowell Blog.

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.

Family Law, Kane Law

I-Have-Only-Been-Married-Three-Years-Will-I-be-Entitled-to-Alimony---Kane-Law.jpg

Am I Entitled to Alimony?

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

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.

Alimony, Angel Kane Attorney At Law, Kane Law

New Laws for 2019

Written by Angel Kane on December 31, 2018. Posted in Angel Kane's Blog, Kane & Crowell Blog.

Along with a new year comes new changes in the law. Many new laws for 2019 will take effect, including the following:

Changes in Law, Kane Law

Murphy v. NCAA

Written by Angel Kane on May 18, 2018. Posted in Angel Kane's Blog, Kane & Crowell Blog.

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.

United States Supreme Court

Court Clarified Wrongful Death

Written by Angel Kane on May 9, 2018. Posted in Angel Kane's Blog, Kane & Crowell Blog.

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.

Civil Law, Personal Injury Law

Pre-Nuptial Agreements

Written by Angel Kane on January 5, 2015. Posted in Angel Kane's Blog.

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

As a divorce attorney, I see many battles fought over bank accounts, retirement accounts, and real estate owned before marriage. If you and your spouse’s names are on your bank account or real estate, it will be marital property.

Divorce is to late, Pre-Nuptial Agreements, Well-drafter Pre-Nuptial saves you $1000s