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You only get one bite at the apple in a will contest

March 29th, 2023  

In the Estate of James M. Smalling, Mr. Smalling (the Decedent) died testate and his Will was admitted to probate. Two months later, the  Decedent’s son filed a Will Contest case. During the procedural aspects of the case during a court hearing on the Proponent of the Will’s  Motion to Dismiss, the contestant (the Decedent’s… Read More

Tennessee Supreme Court clarifies when the GTLA removes immunity for the negligent acts or omissions of employees

March 29th, 2023  

On February 16, 2023, the Tennessee Supreme Court released its opinion for Penny Lawson et al. v. Hawkins County, Tennessee et al., which  clarified that Tenn. Code Ann. § 29-20-205 of the GTLA’s “waiver of immunity for ‘negligent’ acts includes only ordinary negligence, not  gross negligence or recklessness.” Penny Lawson et al. v. Hawkins County,… Read More

Estate Planning Newsletter
Post-Mortem Estate Planning

March 8th, 2023  

Even with up to date and well-structured estate plans, there are still some post-mortem alternatives necessary and available for an estate.  Some examples are as follows: Fiscal Year Election. Estates come into existence as a taxpayer for income tax purposes at the death of the decedent. An Estate may  elect a fiscal year that is… Read More

Estate Planning Newsletter
Who Gets Paid in an Insolvent Estate?

March 8th, 2023  

In the case of the Estate of Clint Wallace vs. Newrez, LLC., the Court was asked to determine when real property encumbered by a deed of  trust is sold to satisfy claims against the estate, are the amounts due under the deed of trust to be paid before any surplus becomes available  for distribution to… Read More

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