Category: Kane & Crowell Blog

Step-child Adoption

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

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

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

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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

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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

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Inheritance and Divorce

Written by Amanda Crowell on January 28, 2019. Posted in Amanda Crowell's Blog, Kane & Crowell Blog.

My parents gave me money during my marriage; can I get that back in my divorce?

When going through a divorce, you will hear property described as “marital property” and “separate property.” When it comes to inheritance and divorce, it is certain you will have questions. Generally, marital property are assets that were acquired during the marriage. If the property is deemed marital property during a divorce, then it will be subject to division by the court. Separate property can include property you owned before the divorce or a gift/inheritance acquired during the marriage. If something is deemed your separate property, then it will not be subject to division by the divorce court.

Amanda Crowell Attorney, Divorce, Marital Assets

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Disinheriting a Child

Written by Amanda Crowell on January 21, 2019. Posted in Amanda Crowell's Blog, Kane & Crowell Blog.

What if I don’t want one of my children to get any part of my estate?

There may be many reasons you are considering disinheriting a child after you pass. The two of you may not have a good relationship, or maybe you feel that child is better off than the rest of your children. Therefore, you think the child does not need any part of your Estate. Whatever the reason, you can disinherit a child in your Last Will & Testament. If you want to disinherit one of your children, you must have a Will drawn up, or the child will not be disinherited.

Estate planning, Kane Law

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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

How to Prepare for Court

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

Going to Court can seem scary to those who have never been. These tips teach you how to prepare for court and, hopefully, alleviate some of your fears.

What to Wear?

This is one of our clients’ biggest questions if they have never been to Court. When thinking about what to wear to Court, think of it as if you are going to a job interview. You want to show the Judge you respect the Courtroom and think this process is important.

Kane Law, Preparing for Court

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