by Joel Roettger | Aug 21, 2018 | Estate Planning, Trusts
If you are considering converting an income-only trust to a unitrust, think again. As the name suggests, an income-only trust is one in which the current beneficiary has access to the net income, but not the principal, of the trust. Once a common feature of the trust...
by Joel Roettger | May 6, 2018 | Estate Planning
A family member (the “principal”) has given power of attorney to a third party (the “agent”). The principal is now incapacitated, and you have concerns about the agent’s management of the principal’s assets. What do you do? Here are...
by Joel Roettger | May 3, 2018 | Estate Planning, Probate
Tennessee has a statute for that. T.C.A. §§ 32-1-201 and 32-1-202 set forth the exclusive means of revoking a will under Tennessee law. As discussed in a previous post, Section 202 addresses revocation as a result of divorce or annulment. Section 201 lists four other...
by Joel Roettger | Dec 14, 2017 | Estate Planning, Probate
Is a contract to make a will enforceable under Tennessee law? Yes. Tennessee specifically authorizes contracts to: Make a will or devise, Not to revoke a will or devise, and To die intestate However, such contracts can only be established by: Provisions of a will...
by Joel Roettger | Nov 29, 2017 | Charitable
Charities that intend to solicit donations in Tennessee should not overlook the Solicitation of Charitable Funds Act. The Tennessee Solicitation of Charitable Funds Act, T.C.A. § 48-101-501, et seq. (“Act”), generally requires charitable organizations that intend to...
