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Considering a Prenuptial Agreement?

Written by Angel Kane on . 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 . 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 . 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 . 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 . 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 . 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

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How to Prepare for Court

Written by Amanda Crowell on . 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

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Murphy v. NCAA

Written by Angel Kane on . 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

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Court Clarified Wrongful Death

Written by Angel Kane on . 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