November 2015 Business Transaction Newsletter

December 7th, 2015   •   Comments Off on November 2015 Business Transaction Newsletter   

WHO HAS LIABILITY WHEN A TREE FALLS?      Who has liability when a tree falls?  The answer depends upon certain facts.  Although this newsletter is devoted to commercial transactions, it is always important for individuals to realize when they may have personal liability.  A key part of business transactions has always been asset protection… Read More

Commercial Transaction Newsletter – September 2015

October 1st, 2015   •   Comments Off on Commercial Transaction Newsletter – September 2015   

WHAT IS AN EXCULPATORY CLAUSE AND ARE THEY VALID?      An exculpatory clause is a provision is a contract where one party attempts to limit or remove its liability for events occurring to the other party.  In the case of Stewart v. Chalet Village Properties, the Tennessee Court of Appeals ruled that an exculpatory… Read More

Estate Planning Newsletter – September 2015

September 28th, 2015   •   Comments Off on Estate Planning Newsletter – September 2015   

THE NEW “ABLE” ACCOUNT      Congress has passed legislation allowing the establishment of bank accounts called ABLE (Achieving a Better Life Experience) accounts. These accounts are designed to create easier ways for individuals with disabilities to create tax-free savings accounts.  The ABLE accounts allow contributions by any person, including the account beneficiary (who is… Read More

Estate Planning Newsletter – August 2015

September 28th, 2015   •   Comments Off on Estate Planning Newsletter – August 2015   

ANOTHER CASE DEALING WITH CLAIMS FILED AGAINST AN ESTATE      In my letter of March, 2015, I advised of some of the pitfalls associated with filing a claim against an estate and how the claim may be disallowed by the Court.  In the case of Estate of Lois Whitten, the Court reached an opposite… Read More

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