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REMINDER: Your Absentee Ballot can be requested any time now!

REMINDER: Your Absentee Ballot can be requested any time now!

We want to remind you that it is time to request your Tennessee Absentee Ballot for the election on August 6th. Your Absentee Ballot can be requested any time now and must be postmarked before July 30th.
If you meet the following requirements you are likely eligible for an Absentee Ballot:

  1. The voter is sixty (60) years of age or older;
  2. The voter has a physical disability and an inaccessible polling place;
  3. The voter is hospitalized, ill, or physically disabled and because of such condition, cannot vote in person;
  4. The voter is a caretaker of a person who is hospitalized, ill, or disabled;

You can find more information on eligibility requirements and request your Absentee Ballot for the upcoming election here.

If you are eligible, request your ballot today and VOTE!

How to Disinherit Someone in a Will

How to Disinherit Someone in a Will

Is there someone you have considered leaving out of your Will? There are plenty of reasons for wanting to exclude someone, a group of people, or everyone you know from inheriting from you. Maybe you’ve had a falling out, maybe they haven’t kept in touch like you hoped, or maybe you just like animals better.

Personally, my dog is probably getting everything before I die. Look at this cute face

People who know me are probably tired of hearing me say it, but I believe that no one is entitled to an inheritance. Whatever you want to do with your earthly possessions is entirely up to you. There’s no wrong decision- whether you want to leave everything to your children, your church, or your dog. It’s just a personal decision, like your hairstyle (although a bit more permanent decision).

If you don’t have a Will, the law in Tennessee leaves your estate to your closest relatives. By making a Will, you can leave your assets to anyone you like. The only exception to this is that you cannot disinherit your spouse or minor children.

If you don’t want your spouse or kids to inherit because you don’t like them, I hope you will consider counseling. However, that’s another personal decision. So is divorce, which is the only way to remove your spouse’s rights to inherit from you. If you don’t like your kids, you have to wait until they turn eighteen to disinherit them.

If you want to disinherit someone, I encourage you to make it clear in your Will. If your Will goes through the probate process, the Court will look at what your intentions were. Leaving a nominal sum like $10 give rights means that the person is not truly disinherited- they inherited $10. We like to acknowledge that the person has been disinherited and, depending on the situation, a brief statement about why. We are kind but firm to reduce any confusion or potential for a contest in the future.

And remember, relationships change and so do Wills.

If you would like help creating your estate plan, click here to schedule a call with us.

What is the process of filing a conservatorship?

What is the process of filing a conservatorship?

Today, we are breaking down the process of filing a conservatorship. A conservatorship is the legal procedure used to obtain authority to make decisions for someone else who is unable to make or carry out decisions for themselves.

First, you will want to meet with and hire an attorney. Your attorney will collect lots of information about you and the person you are seeking a conservatorship for, such as addresses, family members, financial situations, etc.

Second, your attorney will help you prepare evidence for the eventual hearing. The most important piece of evidence in most conservatorship hearings is the Report of Physician. This is a notarized document signed by the person’s doctor that they are unable to make or carry out decisions on their own and a general overview of their medical condition. While you can file for conservatorship without the Report of Physician, it is not ideal.

Third, your attorney will prepare a petition and have you sign it in front of a notary. They will then file it with the Court Clerk, along with the Report of Physician if you have one completed.

Finally, once all your paperwork has been filed with the Clerk, your attorney will work with the Court to set a hearing date. You should be prepared to work with the Judge’s schedule in order to attend. Your attorney will let you know what you can expect at your hearing. Keep an eye out for an upcoming blog where we will address conservatorship hearings.

If you believe a loved one is in need of a conservatorship, please reach out to our office at (615) 846-6201 or you can schedule a complimentary call with us here!