by Joel Roettger | Jun 27, 2017 | Asset Protection, Estate Planning
How much time must pass between the execution of a prenuptial agreement and the wedding of the parties in order for the agreement to be enforceable? That was one of the issues raised in a recent Tennessee Court of Appeals case. The case involved a prenuptial agreement...
by Joel Roettger | May 24, 2017 | Asset Protection, Estate Planning, Trusts
Can a revocable trust created by one spouse after marriage constitute an enforceable postnuptial agreement for divorce purposes? This question arose in a recent case decided by the Tennessee Court of Appeals. The facts are as follows: Husband and Wife were married in...
by Joel Roettger | May 23, 2017 | Asset Protection, Estate Planning, Trusts
A previous post discusses who can legally be the trustee of Tennessee Investment Services Trust (TIST). A better question might be: who should be the trustee of a TIST? Choosing the wrong trustee could expose a TIST to creditors. One argument in favor of piercing a...
by Joel Roettger | May 15, 2017 | Asset Protection, Estate Planning, Trusts
Ownership by the Other Spouse–It is not uncommon for a spouse with high liability exposure to transfer assets to his or her spouse with a lower risk profile. Tenancy by the Entirety (TBE)–TBE refers to assets titled in the name of husband and wife. A...
by Joel Roettger | May 5, 2017 | Asset Protection, Estate Planning, Retirement Assets, Tax
The IRS has announced the maximum amount an individual can contribute to a Health Savings Account (HSA) in 2018. For individuals with self-only coverage, the HSA limit will be $3,450. For individuals with with family coverage, the limit will be $6,900. In order to...
