by Joel Roettger | Sep 13, 2017 | Asset Protection, Probate
Are life insurance proceeds subject to the claims of the decedent’s creditors under Tennessee law? Consider two scenarios. In the first scenario, the proceeds are payable directly to the decedent’s spouse or children, bypassing probate. Not surprisingly,...
by Joel Roettger | May 17, 2017 | Estate Planning, Tax
Are payments of health insurance premiums for a child, grandchild, or other party subject to federal gift? No, provided the payment is made correctly. I.R.C. § 2503(e)(2) excludes from gift tax any amount paid on behalf of an individual: (A) as tuition to an...
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 12, 2017 | Estate Planning, Probate
Another case reiterates the primacy of beneficiary designations over other evidence of a decedent’s intent. The situation is tragic, but the result is wholly predictable. Wife and Husband were the parents of a 12 year old Son when they were both diagnosed with...
