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Category: Kane & Crowell Blog

Conservatorships in Tennessee

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

Personal Injury with Kane & Crowell Attorneys At LawBeing in a position to ask the Court to establish a Conservatorship in Tennessee for someone is hard. However, that person may not receive the appropriate medical care or state benefits unless you do. The Court sets up Conservatorships for those who cannot handle their needs. There are usually two situations where a Conservatorship is needed:  for a disabled child or parent.

One situation is when a disabled child becomes a disabled adult, and their parent can technically no longer make decisions for them. This prevents the parent from ensuring their child receives their state and/or health benefits. It also leaves the children vulnerable to other adults who may want to take advantage of them.

In Tennessee, parents have the right to Petition the Court to become their children’s Conservator. The Court will review the child’s medical history and determine if a Conservatorship is warranted. If it is, the parent (or sometimes another family member) is appointed Conservator.  And can continue to make decisions for their children past the age of 18.

At other times, a parent becomes disabled, and someone must be appointed to take care of their medical and financial decisions. Who becomes the Conservator can sometimes be a question to be litigated.

The law in Tennessee sets out a list of people who may be Conservator, and sometimes someone on the list may not be the right person. Other times, an adult has prepared a Health Care Power of Attorney that details exactly who they want to appoint a Conservator. It may be someone completely unrelated to them.

How Conservatorships in Tennessee are Appointed

With the help of a Guardian Ad Litem (a court-appointed attorney whose job is to advocate for the ward), the Judge will determine who the Conservator will be.

Once a conservatorship is established, a bond usually must be posted.  This is how the Conservator manages the ward’s money faithfully. The Conservator must account for the ward’s money to the Court every year. The Conservator may also petition the court to be reimbursed each year for their time as Conservator. They may also petition the Court to have their attorney fees reimbursed for the appointment of the Conservator.

The process may seem daunting but can often be accomplished within weeks. In Wilson, Smith, and Macon Counties, the Probate, Chancery, and sometimes Circuit Court can hear Conservatorship matters.  If you have questions about Conservatorships in Tennessee contact us at https://www.kane-law.com/contact-us

Conservatorship, Guardian Ad Litem, Health Care Power of Attorney

Child Custody. At what age can a child say who they want to live with?

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

Parenting Time with Kane & Crowell Attorneys At Law

I receive at least one call a week asking me about child custody.  Specifically, the question, “At what age can a child say who they want to live with?” There seems to be a belief that in Wilson, Smith, and Macon Counties, your child can speak to the judge at the age of 12.  And tell the Judge who they want to live with, and the Judge will do as the child asks.

In my experience, that is NOT the case.

The law says that at age 12, a child may state their preference. However, this is one of many factors the Judge may consider when deciding custody. The law sets out the factors the Judge considers when determining custody, and this preference alone will not make or break the case.  Furthermore, if you are a resident of Lebanon, Mt. Juliet, or Watertown, your local Judges will often speak to the children even if they are younger than 12.

Most young children are allowed to testify in the Judge’s Chamber with only the Judge and the two attorneys present. The attorneys and the Judge have the right to ask the child questions. And often, someone asks, What did your Mom or Dad tell you about what is going on today?

When it Comes to Child Custody Questions, Do Not Coach Your Children

I advise you not to coach your children about what to say to the Judge. It is obvious within the first 10 minutes which parent has told the child about the divorce.  And which parent has coached the child about what to say about the other parent.  I strongly recommend you say nothing to your children about your ongoing case and not ask them who they want to live with.

I know this is very hard to do. But your children should not be put in that position to pick between their parents in a divorce. That’s not to say they won’t be asked their preference in chambers. But pressuring the child beforehand or prepping them for Court will not help you.

If you have questions about child custody or divorce, contact us at https://www.kane-law.com/contact-us/.

Child Custody, Deciding Custody

Alimony in Tennessee

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

Unlike the Tennessee Child Support Guidelines, which do not determine how much alimony someone may be entitled to, in Tennessee.  The determination of alimony relies on the individual’s need for alimony versus the spouse’s ability to pay. Additionally, the law outlines various factors the Judge must consider when deciding whether to grant alimony. These factors include age, length of marriage, education, future self-supporting ability, and current assets.

The payment of attorney fees in the divorce and future health insurance benefits can be considered alimony. Tennessee law specifies different forms of alimony, some of which are modifiable at a later date, while others are not. Some alimony types involve a specific sum, and certain payments may continue indefinitely. In most cases, alimony is considered income for the recipient and a deduction for the payer. However, its dischargeability in bankruptcy depends on specific circumstances.

Due to these complexities, your attorney must educate you on the various types of alimony and their consequences.

Recently, Tennessee garnered headlines regarding alimony awards, as the Court of Appeals had initially granted alimony to a spouse, potentially altering the future basis for such awards. However, the Tennessee Supreme Court later reversed this decision, maintaining longstanding rulings on alimony awards.

Determining Alimony in Tennessee

In determining alimony in Tennessee, several factors and facts about each party come into play. While there is no magic formula for determining alimony, past legal cases and their precedents aid the Judge in deciding whether an individual qualifies for an alimony award or not.  If you are seeking alimony or wondering about eligibility to receive it, here are some key considerations.

  1. Types of Alimony in Tennessee:

    • Alimony in Futuro (Periodic Alimony): This is support paid periodically, typically monthly, for an indefinite period.
    • Rehabilitative Alimony: Support is provided to help a spouse acquire the education or training necessary to become self-supporting.
    • Transitional Alimony: Support to assist a spouse in transitioning to a new financial situation after the divorce.

  2. Factors Considered by the Court:

    • The court considers various factors when determining whether to award alimony, including:
      • The duration of the marriage.
      • The standard of living during the marriage.
      • Each spouse’s contribution to the marriage, both financial and non-financial.
      • The earning capacity, needs, and financial resources of each party.
      • The age, physical and mental health, and potential for future employment of each spouse.
      • Fault in the divorce (though Tennessee is a “no-fault” divorce state).

  3. Agreements between Spouses:

    • Spouses can also reach their own agreements regarding alimony through negotiation or mediation. If the spouses can agree on the terms, the court may approve their agreement.

  4. Legal Assistance:

    • It’s advisable to consult with an attorney specializing in Tennessee’s family law. They can provide guidance based on your specific circumstances and the current laws.

  5. Modification or Termination:

    • Alimony orders may be subject to modification or termination based on changes in circumstances, such as the recipient’s spouse remarrying or a significant change in financial situations.

  6. Application Process:

    • If you’re in the divorce process, alimony may be addressed as part of the overall divorce proceedings. You may need to petition the court if you’re already divorced and seeking alimony.

Remember that family law can be complex; the information provided here is a general overview. Laws and procedures may change, so it’s crucial to consult with an attorney for advice tailored to your specific situation.  For a consultation regarding divorce or alimony, contact us at https://www.kane-law.com/contact-us

attorney fees in the divorce, how much alimony, need for alimony, types of alimony

Dividing Retirement in a Divorce

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

Depending on where your spouse works or has worked, he or she may have a retirement or pension. If he does, dividing retirement in a divorce may be necessary in most cases.  As those monies are marital property to be divided by the Tennessee Court.

Each company is different, and many require certain language in the Court Order before they comply with any division request. And if your spouse is a Federal or State employee or a member of the military – his retirement or pension and its division can be complicated.

Qualified Domestic Retirement Orders are the legal documents we prepare to divide many of the retirement plans in Tennessee. The military requires other documents that we prepare to divide military benefits.

Oftentimes, clients come to us years later with Divorce Decrees that set out that they were to receive a portion of their husband’s or wife’s retirement, but their attorney never prepared the follow-up documentation necessary to divide this retirement or pension. By then, it may be too late, as the spouse may have withdrawn all the money.

Just because your Marital Dissolution Agreement states that you get half of your spouse’s retirement or pension, it will not magically happen. The company or military is not required to abide by your Final Decree. Unless the proper follow-up documentation is delivered to them.

What are the consequences of dividing retirement in a divorce?

What are the consequences of splitting a retirement or 401k?  Usually, we prepare documents that allow your portion of your spouse’s 401k to be moved into your own individual account. From there, you may leave it with the company or move it to your retirement company.

Often, if you choose to leave the money in the retirement account, you won’t be charged except possibly a few dollars for administrative costs to accomplish the split into two accounts. However, if you cash out the money, you could face penalties and taxes for early withdrawal.

You must know as much as possible about your retirement and your spouse’s accounts before you meet with your attorney. These accounts are often one of the most valuable assets in a divorce. Therefore, your attorney must understand what you each have so that they can be fairly divided.

If you have questions about divorce or dividing retirement accounts in a divorce, contact us at https://www.kane-law.com/contact-us

assets in a divorce, Splitting 401K in a divorce, Splitting Retirement Funds in divorce

Understanding Probate - A Guide to Settling an Estate Kane Law

How Probate Can Help

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

Many clients have heard the probate process can be time-consuming and expensive. In other states and counties, it can often be. In Wilson County, Tennesee, the process can be taken care of in four months with the proper estate planning documents. However, you must know what you are doing to navigate this system.  I am an attorney who helps with this process daily, and here is how probate can help you.

First, you typically can’t sell inherited property if the estate hasn’t been properly handled. You need Tax Clearance letters and Tenn Care waivers. You also have to ensure the proper notices to creditors have been written in the paper and mailed out.

To get started, the Executor of the Estate is required to produce the Last Will & Testament.  From there, he or she helps me notify the creditors. Then, both the Executor and I will be required to make a quick court appearance. After this, unless there are problems with the estate, all other court appearances are handled without the executor’s presence.  If there isn’t a Will, we still probate the Estate. We appoint an administrator to serve in the same capacity as an Executor would have served.

How Probate Can Help You Navigate a Difficult Time

Yes, complications may arise. The Original Will may be lost. Fortunately, we have a process for proving a copy is the last one.  Someone might contest the Will, or a spouse may have been written out and may now need to assert her rights. Children from prior marriages often need to be dealt with. Sometimes, there is more debt than assets, and we must do all we can to protect those assets. All this can be accomplished through the Probate of the Estate.

Losing a loved one is one of the worst experiences we can go through. And the last thing anyone wants to try to figure out is a complicated legal system. I understand my job as an attorney is to make your life as easy as possible during this process. As a Probate Attorney, I will strive to handle the details for you.

If you need help preparing or probating a Will, contact Kane & Crowell at https://www.kane-law.com/contact-us/

 

Estate planning, Last Will & Testement, Probate process

Online Divorce?

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

I hear you can get an online divorce in Tennessee for $199.00. Apparently, you go online, pay with a credit card, and then download the divorce packet. Of course, you have to fill out the paperwork on your own, figure out where to file it, and hope and pray that when you are done, you are divorced. Do consider if you do it wrong, then when you marry again, you may be committing bigamy due to the fact your first divorce was never finalized.

Why, in a million years, does someone do this?

Please email me why you would trust your divorce, custody of your child, child support calculation, preparation of your Will, Trust, or Corporate Charter to fill in the blank form. Is it because it’s cheap? I get it; lawyers are expensive, and you would if you could afford to hire one.

But before you click on that PayPal service and enter your credit card information, give us a call. We don’t want to be beaten out by online services from other states. We want to handle the legal work for our friends and neighbors in the Tennessee Counties we serve.  Truly, the differences between our office and online services are countless.

We Provide Service You Can’t Get from an Online Divorce

But first and foremost, the most important difference is you meet the attorney preparing the legal documents for you. You come into our office, meet our staff, shake your hand, ask questions, and we prepare all your paperwork based on your answers.  And most importantly, we assure you it is done right! Your divorce will be final. Your child support amount will be accurate. The Last Will & Testament can be probated without technical issues. Your Corporation will be properly filed with the Secretary of State.

You can ask questions, and we will answer them. You can make informed decisions about the legal consequences of your actions. We form a relationship so that in the future, you have my name and number and can call me again.

I understand that there is ease and affordability with online services. But the adage – you get what you pay for – rings true with these services.

Allow us to earn your trust and business.  Contact us today for a consultation: https://www.kane-law.com/contact-us/

legal consequences, legal paperwork, On-line Legal Documents

Types of Divorce in Tennessee

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

There are two types of divorce in Tennessee:  Contested and Uncontested.

Uncontested Divorces

Uncontested Divorces are amicable and less expensive divorces. In the best of all worlds, all divorces could be handled in this manner. However, you usually need two reasonable people to have an uncontested divorce. However, even an unreasonable person often agrees to an uncontested divorce once they realize they can’t stop it in Tennessee.  And if they try, it can cost them a lot of money.

With an uncontested divorce, we prepare the Complaint for Divorce, Marital Dissolution Agreement, Permanent Parenting Plan and Child Support Worksheet (if there are children), Qualified Domestic Relations Order (if there are retirements to divide), Quit Claim Deed (if there is real estate to divide) and the Final Decree of Divorce. You can be divorced as soon as 60 days if you do not have children together under 18 or 90 days if you do have children.

Often, I can go to Court on your behalf, and neither of you has to step into the courthouse. During our meetings, I explain the law regarding the division of your marital and separate property.  Then, I will prepare the legal documents based on your agreement with your spouse.

Understanding Both Types of Divorce is Beneficial

Contested Divorces

If one party doesn’t agree to the divorce or refuses to sign an agreement under the terms that are fair to you, then the only other way to get a divorce in Tennessee is to file contested. Filing first in these cases can be very important. That is why it’s important to meet with an attorney and know your rights before you file. Or tell your spouse you are considering filing.

In contested divorces, we prepare a different type of Complaint for Divorce where we will state your grounds for divorce. There are quite a few grounds for divorce in Tennessee, and we can help you determine which of those the Judge will approve on your behalf. Contested divorces are served on the other party by the Sheriff or a private process server. Your spouse has thirty days to answer the Complaint. He files a formal Answer to what we filed on your behalf.

Sometimes, however, we can’t wait thirty days to get into Court. We file the appropriate motions in these cases so the Court can make temporary decisions.   Such decisions on custody, child support, visitation, who will live where, and what will be paid until the final hearing. After the initial hearing, we often find the case will settle. Some people just need to “meet the Judge” and become more reasonable. For those that don’t, we proceed to the final trial once all the assets and debts are determined.

At Trial and After Your Divorce

At trial, the Judge will determine custody, visitation, child support, alimony, and the division of the marital estate.  Also, including your home and personal property.

Divorce is difficult—no doubt about it. It is usually one of the worst days of your life. You are upset and don’t know where to turn. You have no idea your legal rights and are often scared and worried about your future. We know how to protect you during the next few months.  We will ensure you are not left financially and personally devastated when it is over.

Often, I tell my clients that one year from our first meeting – they will be a different person.  And I won’t even recognize them. This happened to me just the other day. I walked into Court to handle a post-divorce matter for a client I had not seen in over a year. I didn’t recognize her.  She had lost weight, cut her hair, dressed in bright colors, and had a huge smile. And looked amazing! Also, she reminded me that I had told her she would be a different person one year from our first meeting.

We can help with both contested and uncontested divorce.  Contact us at https://www.kane-law.com/contact-us/

Contested Divorces, Uncontested Divorces

family law, divorice, paternity, custody, child support & visitation

Mediation: A Cautionary Tale

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

I am often asked – can we save money if we go to a mediator? The answer, in Tennessee, is both no and yes.  Please read Mediation: A Cautionary Tale, my yes and no answer, and to understand why I titled it this way.

Going to a mediator – before you file for divorce – before you’ve hired an attorney – before you know your rights – is not anything I’d recommend.

Why? Aren’t Mediators there to help us resolve our differences? And to help us save money so that we don’t have to hire an attorney?

In a perfect world, that may be true. Mediators, however, cannot represent either of you or give any of you advice. They can’t tell you, as you are sitting across from your spouse – that the deal you are about to enter into is a big mistake and a Judge would never order you to pay him or her that much money.

Sure – it makes your and your spouse’s life simpler (at that moment).  And it simplifies the mediator’s life – if you go ahead and sign the papers. And sure, it will save you tons of money (at the moment).  However,  after a few months of living under the terms of this agreement (that is completely unaffordable), you call the mediator to have the papers reworked.  Then you find out the mediator cannot represent you in changing those papers.

Mediation:  A Cautionary Tale, Explained

Now you have to hire an attorney, go back to Court, and fix the legal papers you entered into – and it’s never that easy to get out of these agreements! Most of the time, you can’t get out of them. My advice is to hire your own attorney at the very beginning. Know your rights before you sign anything!!!  If you want an uncontested, affordable divorce – tell your attorney upfront.

Tell your attorney you don’t want to spend thousands of dollars on a divorce. You don’t want to go to court.  And that you don’t want to fight and argue for one year. Explain your top three goals in getting this divorce.  Ask your attorney to explain the law, what the Judge will do, and if your goals are possible. Tell your attorney to negotiate the divorce for you with your spouse.

Ultimately, you will spend as much money as you did on a mediator. But the difference is you will have an attorney representing you in the process, and you will have made a very informed decision about your divorce. Take steps to finalize your divorce without regrets.

When is mediation a good thing? When you are in the middle of a heated battle. Or, you both have attorneys charging you loads of money, and you are headed to Court to fight the battle of a lifetime.  But before you go down this path, take three hours with your attorney present, his attorney present, and a mediator present to see if you can resolve the major issues causing this battle.

Ask your attorney to choose a mediator who knows the attorneys and your Judge’s temperament. One that your attorney knows does a good job. Don’t pick one that your attorney has never heard of or one that has never tried a case in front of your Judge. In my opinion, you are wasting your money if you do this. Then let the mediator be a second sounding board for you, your spouse, and your attorneys. In these instances, mediators do their best work.

To schedule a free consultation, contact us at https://www.kane-law.com/contact-us/

Divorce, Mediation

Avoid Social Media During Divorce

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

If you are considering or getting a divorce, don’t use social media such as Facebook or Instagram!  It is a good idea to avoid social media during divorce.

As a practicing attorney in Lebanon, Tennessee, social media, such as Facebook,  has become my personal Private Investigator. It has significantly changed the landscape of divorces more than any other tool in recent years. I am not the only one who relies on social media to build a case.  Everyone is looking on Facebook, Instagram, etc., to gather evidence.  From lawyers themselves to the clerks of the courts to the court officers. And by the way…so is your spouse, his or her family, and about 200 of your spouse’s closest friends!

So, if you have met someone new, the last thing you want to do is announce it on Facebook or any other social media. Much less, post photos of your nights out on the town together. You may think it is okay since your spouse is not your friend on social media.  Everyone knows you are divorcing him or her, right?  Therefore, it does not matter if you are dating someone and sharing it on social media.  However, the problem is you are still married, and that is all the Judge knows and cares about.

Why you should avoid social media during divorce

Additionally, chances are one of your 200 friends is also friends with your spouse and will print out the posts of you and your paramour on the beach.  This will most likely become evidence to help strengthen your spouse’s case. Do consider that Facebook and Instagram posts are presented in Court often.

In addition to NOT posting photos of you and your paramour, don’t post ugly comments about your divorce, the father of your children, or any of his family. These, too, will be printed out and read out loud in Court.  Any of these scenarios will leave you looking less than flattering to a judge.

I have two rules I give my clients when they hire me.

Rule Number 1 – do not lie!  

Rule Number 2 – avoid social media during divorce until it is finalized!

If you have divorce questions or need an attorney to represent you contact us at http://https;//www.kane-law.com/contact-us/

Evidence in Court, Facebook, Private Investigator