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 | Apr 26, 2017 | Estate Planning, Probate, Trusts
The 2017 probate omnibus bill is notable not just for what it contains, but also for what it does not contain. The original version of the bill was HB 0567. It contained several sections that addressed the effect of divorce or annulment on an estate plan. Under...
by Joel Roettger | Apr 2, 2017 | Estate Planning
Client’s will names spouse as primary beneficiary. It also names spouse as executor. Client and spouse divorce, but client dies before he has a chance to update his will. What is the result? Tennessee law provides as follows: If after executing a will the...
