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Category: Kane & Crowell Blog

Romantic Relationships and Divorce

Written by Angel Kane on . Posted in Kane & Crowell Blog.

During the pendency of a divorce, the judge will unlikely allow you to take your children around your boyfriend or girlfriend. Often, children are just getting used to their parents not being together. Therefore, introducing a new adult into the picture can greatly complicate matters. Romantic relationships and divorce can be difficult to navigate especially with children.

Often, however, parties ask if they can have their boyfriends or girlfriends around their children after the divorce. Most Wilson, Smith, and Macon County Judges will allow them to be around your children. An exception would be if their being around the children would somehow be harmful.

Are girlfriends or boyfriends allowed to spend the night when your children are present? Look at your Parenting Plan.

Some plans or Court Orders state you can not have unrelated overnight guests of the opposite sex present when your children are present. If your Parenting Plan or another Court Order states this, the answer is NO. However, you can go back to Court to request this be changed.

If your plan does not prohibit boyfriends or girlfriends, then more than likely, you are allowed to do so. However, no lawyer can tell you this unless they review your divorce documents. If you choose to have overnight guests, violating the Court Order, you may be held in Contempt of Court.

Romantic Relationships and Divorce:  Abide by Your Court Orders

Understandably, after a divorce, you are ready to move on with your life. And if you have been in a bad relationship, you are probably ready to be in a better relationship. However, you need to remember that when it comes to children, they are our Tennessee Judges’ top priority.

In summary, Abide by your Court Orders regarding boyfriends and girlfriends.  If you need them to be changed, petition for a change and request a modification. Don’t violate them first and ask for forgiveness later.  Romantic relationships and divorce are difficult to navigate, especially with children.  If you have questions, contact us at https://www.kane-law.com/contact-us/

children in a divorce, Court Orders, Parenting Plan

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At-Will Employment

Written by Angel Kane on . Posted in Angel Kane's Blog.

Tennessee is an At-Will Employment state. That means you can be fired for cause or no cause at any time.

Unless you entered into a Contract For Employment when you started your employment. In those few cases, your employer may not be able to terminate you without providing compensation. Or, sometimes, you can’t quit without owing your Employer money. I advise all entering a Contract For Employment to READ, READ, READ it, and then let an attorney review that contract on your behalf.

While having a contract may seem like the way to go, most often, the contract is prepared by the attorney for the Employer. This means it serves the Employer’s interest more than your own. What you will find in most employment agreements is that the employer has included a covenant not to compete. That means you may be unable to work for anyone whose business “competes” with your Employer. Nor will you be able to start your own company that “competes” with your Employer.

Courts don’t like Covenants Not-To-Compete. However, if you negotiated one and received compensation for entering into the Non-Compete, the Court will enforce the agreement if it finds it reasonable. This means you’ve still got to be able to eat. The Employer can’t restrict you to the point that it becomes completely unreasonable. A court of law can decide whether you should quit and be unable to work because of the Non-Compete.

Kane & Crowell Can Help

Our office has represented both sides in Wilson, Davidson, Macon, and Smith Counties. We represent several employers and have drafted both employment agreements and covenants not to compete. We have also enforced these agreements through Restraining Orders when Employees have violated them.

Additionally, we have taken legal action to represent employees challenging employers with excessively restrictive non-compete agreements that the court must invalidate. Entering into employment contracts should never be approached lightly. These contracts can both help you and later hinder you. For questions about Employment Contracts and Non-Compete, contact us at https://www.kane-law.com/contact-us/

At Will Employment, Contract for Employment, You can be fired for at any time

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Evictions in Tennessee

Written by Angel Kane on . Posted in Angel Kane's Blog.

Our office mainly represents Landlords in Landlord/Tenant disputes. And, if you are a Landlord that we represent, we have prepared an airtight lease agreement on your behalf. Our goal is to protect our clients from evictions in Tennessee.

Lease Agreements don’t have to be long and complicated. But they do need to set forth the term of the rental and the amount owed. Most importantly, the means required to evict a Tenant if they are not abiding by the rental agreement.

Evictions in Tennessee, Lease Agreements dont have to be long and complicated, Our office represents Landlords

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Tennessee Small Claims Court

Written by Angel Kane on . Posted in Kane & Crowell Blog.

We receive several calls a day regarding Tennessee Small Claims Court.  The Court most people are referring to when they call about this is the General Sessions Civil Court. General Sessions Civil Court hears matters involving damages totaling less than $25,000.00. Therefore, often, this Court will handle evictions, contract disputes, property disputes, minor car accidents, and the collection of debts owed.

The number #1 question we are asked about small claims court, ‘is do I need an attorney?’

I usually reply, ‘How much are you being sued for?’

Hiring an attorney can be expensive—no doubt about it. Hopefully, the attorney you are considering hiring has spent many years in the courtroom and many years studying the law. These skills are invaluable, especially if the person on the other side of the dispute has an attorney.

But back to my main question – If you were to lose, how much would you be out? Because as much as you may want a lawyer by your side in small claims court, sometimes it’s simply not cost-effective.

Should I hire an attorney for Tennessee Small Claims Court?

If you are being evicted with only $1000.00 in the bank, consider whether you should spend your last $1000.00 on an attorney. If you have failed to pay rent, there is probably very little an attorney can do for you.  Other than possibly bide you some additional time to move out.

On the other hand, if a Contractor has failed to build something for you as agreed upon. Furthermore, you have spent $10,000.00 on that project, and most often, the only way to get your money back is to sue in General Sessions Court. Hiring an attorney to pursue your action is worth the cost in times like these.

Unlike many courts, however, General Sessions is not a court of record. This means that should you win or lose, within ten days, the other side or yourself can appeal the matter to a higher court.

Contact us with questions about hiring an attorney for Small Claims Court at https://www.kane-law.com/contact-us/

Criminal Law, General Sessions Court, Small Claims Court

What documents do I need for Estate Planning?

Written by Angel Kane on . Posted in Kane & Crowell Blog.

When a client meets with me about Estate Planning, after some discussion, I usually find that they need the following documents for proper estate planning; a Will, a Financial Power of Attorney, a Health Care Power of Attorney and a Living Will.

These are the documents I have prepared for myself. These are the Estate Planning documents I have prepared for numerous friends and family members.

Do you need a Trust? Do you need a complicated Will?

Usually not, but it all depends on the value of your estate. If your estate is worth more than one million dollars, we will discuss more complex estate planning opportunities to further protect your estate.  But for most families, the aforementioned documents take care of all their needs and ensure that their estates are properly handled when they become ill or pass away.

Proper Estate Planning Documents

A Last Will & Testament is a legal document we all need. In Tennessee, the law establishes who will receive your estate if you don’t have a will. And you may not like who gets everything you worked so hard to accumulate. Take charge of who gets what, when, and under what circumstances in your Will.

A Durable (Financial) Power of Attorney is a much needed document. Usually, if you are married, your spouse can handle your financial affairs when you can’t. However, if your spouse can’t do it, then who will? You can determine that person by having a Durable Power of Attorney prepared.

Of the utmost importance is your Health Care Power of Attorney. Who can make healthcare decisions on your behalf? Who do you trust to make the right decisions? You can make those decisions now by having a Health Care Power of Attorney prepared.

And finally, everyone needs a Living Will. We have ideas about how we want to live during the end stages of life. Make those decisions now in legal documents that your doctor and family must abide by.

Estate Planning does not have to be complicated or expensive. However, by not taking care of these legal matters on the front end, you can often cause your family to spend much more money later trying to take care of these matters for you.

Are you prepared?

For instance, a simple Health Care Power of Attorney can cost money. However, should you fail to prepare this document and then require medical care you cannot consent to, your family will be forced to hire an attorney to file a Petition for Conservatorship. The Court will require a hearing to determine who can make health care decisions for you. Doctor Affidavits will be required, and a Guardian Ad Litem will often be appointed. Conservatorships can cost a family a few thousand dollars. A Health Care Power of Attorney would have avoided all of this.

If you have questions about these documents or proper Estate Planning, contact us https://www.kane-law.com/contact-us

Last Will & Testament, Living Will, Power of Attorney

Preliminary Hearing or No Preliminary Hearing? That is the Question …

Written by Angel Kane on . Posted in Kane & Crowell Blog.

Every criminal case commenced in General Sessions court in Tennessee includes the following. Whether it is Theft of Property, a Drug case, DUI, Assault, or any other such crime (felony or misdemeanor), offers the Defendant the option of having a Preliminary Hearing. Though such a hearing may look like a trial to a layperson, it is not.

A Defendant charged with a criminal offense in Davidson, Wilson, Smith, and Macon Counties is given a few options on what to do with his case.  Depending on the seriousness of the charge

Felonies, crimes involving more serious charges, can only be tried in Criminal court, either by the Judge or a jury. This is after the case has been presented to the Grand Jury and an indictment has been returned. The remaining options available consist of entering a guilty plea to a misdemeanor.  Or having or not having a Preliminary Hearing.

At the Preliminary Hearing

During a Preliminary Hearing, witnesses will be called by the State and cross-examined by Defense counsel, similar to a trial. However, there are fundamental differences. First, the District Attorney is not required to prove guilt beyond a reasonable doubt as in a trial. During a preliminary hearing, he only needs to establish probable cause exists. This means proving a crime probably occurred and that the Defendant probably committed it. A standard that is comparatively easy for the D.A. to meet.

Second, since the burden is lower, the potential ramifications for the Defendant at the hearing are not as stringent. Finally, after the Preliminary Hearing, there is no sentencing hearing or jail time to be served. Instead, the judges typically bound the charges to the Grand Jury to determine whether an Indictment should be returned. Though the charges can be dismissed after a Preliminary Hearing, it’s uncommon due to the reduced legal standard.

Why would you want a Preliminary Hearing?

The advantage of holding a Preliminary Hearing is to force those alleging a crime has been committed to testify, under oath,.  And explain knowledge of the alleged crime and the Defendant’s involvement, if any.

By doing so, the Defendant has “locked down” valuable testimony. Therefore, this precludes any subsequent changes in testimony at a later jury trial. If a witness changes his or her story at the subsequent trial, valuable inferences can be drawn. Thus, the witness’s truthfulness. The Defendant who waives his right to a Preliminary Hearing does so at his peril as it is the only opportunity he will have to confront his accuser before a trial on the merits is held.

A Preliminary Hearing, therefore, becomes a very important tool for your criminal defense attorney. This tool can assist your attorney in preparing and presenting your defense.

We are experienced Criminal Defense Attorneys.  If you are facing criminal charges, contact us at https://www.kane-law.com/contact-us

Criminal Law, General Sessions Court, Preliminary Hearing

Step-Parent or Grandparent Adoptions

Written by Angel Kane on . Posted in Kane & Crowell Blog.

I often enjoy assisting with a Step-parent or Grandparent adoption.   It is one of the most enjoyable aspects of my job. While the adoption process can be complicated, in some cases, it can be handled very quickly if a birth parent consents.

In Wilson, Smith, and Macon Counties, Step-parents and certain other family members can usually have adoptions approved without a six-month waiting period or a home study. In certain circumstances, the law allows the Judge to waive those requirements when the adoption is between family members. The law often requires the biological and/or legal parent to consent to the adoption. In other cases, their actions will cause them to have their rights terminated.  Once this termination becomes final, the adoption can be granted.

Step-parent or Grandparent Adoptions can be handled quickly and efficiently.

If we have consent to the adoption, we prepare the legal paperwork for the consenting parent to sign.  Then, within days, try to get in front of the Judge to approve the adoption.

In other cases, where a parent won’t consent to the adoption but they have not visited or paid support for several months.  We will serve that parent with a Petition for Termination and Adoption and move for default against them. Therefore, they terminate their rights and ask the Court to approve the adoption.

Wilson, Smith, and Macon County Judges can approve these adoptions in both Circuit and Chancery Court.

Both Judge Byrd and Chancellor Smith go out of their way to make the event a happy occasion. Clients are encouraged to bring family to Court to celebrate the big day.  Photos and videotapes are welcome by the Judges. The Judges will often pose with the family after the adoption as well. Court can often be an unsettling place.  However, adoption approval day is a celebration for our clients, the lawyers on hand, and the Judges.

Please contact us with questions about step-parent or grandparent adoptions.  https://www.kane-law.com/contact-us/

Adoption of a Family Member, Birth Parent Consent, Step Parent Adoption

Types of Custody

Written by Angel Kane on . Posted in Kane & Crowell Blog.

There are two types of custody – sole custody and joint custody. Technically, in Tennessee, we no longer use these words.  Instead, we call it parenting time; in essence, parents either share equal time with their children or they do not.  Who decides how much time you spend with your child during and after a divorce?

YOU DO – at least at first.

The Judges in Wilson, Smith, and Macon Counties are all fair and skilled in the Tennessee Law. However, they will be the first to tell you that if you and your spouse can’t decide how to divide time between your children, they will be forced to do it for you.No matter if you spend one hour or two days arguing your case to the Judge, no one knows your children as you do. For this reason, parenting time is something you should try to settle with your spouse. It may mean a lot of give and take, but the alternative, often, is not anything either of you may like.

I am often asked my opinion about types of custody.

In some respects, a child seeing both parents as much as possible is ideal. Joint custody or shared parenting can take on many forms; we have helped prepare parenting plans where each parent has week-to-week parenting while others find a three-day/four day weekly split works for them.  In some cases, we have prepared plans where one parent has the child during the school year, and the other has the child during breaks.

For some children, this works. For others, it’s a disaster. Some children need more consistency than others. They need one home, one table on which they do their homework each night, and one schedule they can control.  However, the decision is not mine to make. You know your children and what is best for them. If you and your spouse can’t agree, the Judge in your case will decide for both of you.

If you have questions about types of custody, contact Us.  https://www.kane-law.com/contact-us/

Joint custody, shared parenting, sole custody

Probate of Estate with Kane & Crowell Attorneys at Law

Safekeeping of a Will in Tennessee

Written by Angel Kane on . Posted in Kane & Crowell Blog.

Daily, I answer questions about the safekeeping of a Will in Tennesee.   I tell my Tennessee clients where I keep my Last Will & Testament, Powers of Attorney, and Living Will.  These documents are in my desk drawer in my office. They are not under lock and key. And I have told many people where they are located.  Additionally,  I have not given a copy of them to anybody.  They are not recorded at the county registrar.

However, most people place their Last Will & Testament and other important legal documents in lock boxes or safety deposit boxes at their local bank. The problem is, if you pass away, your family may be unable to access those areas without Court Orders.  This can become a  huge problem and sometimes a costly problem. As an attorney, I am required, at least at first, to present an Original Will to the Judge. If the family can not get their hands on the original Will, we have a problem even before the probate process starts.

I advise the safekeeping of your will Will, in its Original form, in an easy-to-find, accessible location.

If you are concerned that someone will find your Will and be upset by it or, worse yet, destroy it, we can discuss other options. For the rest of us, though, keep it simple.

Another question I am asked is, to whom should I give copies of the Will?  We will make you as many copies as you need. However, giving out too many copies causes a problem should you ever change your Will; in some cases, copies of old Wills have been brought to court in the hopes of having them probated.

I recently represented a person in a case like this. Heirs in an old Will attempted to probate a copy of the decedent’s former Will. My client (the rightful heir) was successful at both the trial and appellate levels; however, had the decedent not given out so many copies of the previous Will, this protracted litigation may have been avoided.

If you have questions about proper Wills or proper Estate Planning, contact us at https://www.kane-law.com/contact-us/

Last Will & Testament, Living Will, Powers of Attorney, Safe Keeping of a Will