Estate Planning Newsletter – November 2016

February 7th, 2017   •   Comments Off on Estate Planning Newsletter – November 2016   

SEPARATE PROPERTY OR MARITAL PROPERTY IN A DIVORCE   Because divorce is so prevalent in our society, and because I am asked so frequently by clients how to protect assets left to a child in the event the child gets divorced, I continue to scan cases where Tennessee Courts explain separate property vs. marital property. … Read More

Business Transaction Newsletter – November 2016

February 7th, 2017   •   Comments Off on Business Transaction Newsletter – November 2016   

CONTRACTS CAN BE RESCINDED FOR MUTUAL MISTAKE OF FACT   It is well settled in Tennessee that courts have the power to alter the terms of a written contract where, at the time it was executed, both parties were operating under a mutual mistake of fact or law regarding a basic assumption underlying the bargain. … Read More

Employment Law Alert – November 2016

February 7th, 2017   •   Comments Off on Employment Law Alert – November 2016   

Temporary Injunction Puts Hold on New DOL Salary Increase Rule   A Texas Federal judge has issued a Temporary Injunction on Federal DOL changes to the Fair Labor Standards Act (FLSA) rules affecting exempt workers paid on salary (primarily those with executive, administrative, and professional duties).  These changes were supposed to become effective on Dec…. Read More

Estate Planning Newsletter – October 2016

February 7th, 2017   •   Comments Off on Estate Planning Newsletter – October 2016   

WHAT IS THE DEFINITION OF “CHILDREN?”   In the case of the Estate of Warren Elrod, the Tennessee Court of Appeals dealt with the issue of the definition of “Children” regarding the decedent’s IRA.  In the IRA Adoption Agreement, the decedent provided that the beneficiary would be his wife, and the contingent beneficiary would be… Read More

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