Breeding & Henry, LLC

October 2018 Archives

Child custody when one parent has a disability

Millions of parents in the United States suffer from disabilities, which can include physical, emotional and intellectual disabilities. Although parents with disabilities can absolutely serve as great caregivers for their children, it is essential to anticipate issues with child custody when going through a divorce

Conservatorships vs. Guardianships

Under Tennessee law, a Conservator is "a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by orders of the court." Tenn. Code Ann. §34-1-101(4)(B). Similar to a conservator, but not quite the same, is a Guardianship. In Tennessee a Guardian, or coguardian, is defined as "a person or persons appointed by the court to provide partial or full supervision, protection and assistance of the person or property, or both, of a minor." Tenn. Code Ann. §34-1-101(10). It is important to realize the difference between a Conservator and a Guardian. A Conservator protects any person, regardless of age, who is disabled in a way that affects their capacity. A guardianships purpose is to protect a minor child; they automatically do not have capacity based on their age.

Limited Liability Companies: The Crowd Favorite of Business Entities

As a business, or individual looking to conduct business, one may be faced with the challenge of deciding what will be the most useful, profitable, and practical instrumentality to conduct such business. Historically, entrepreneurs had a few choices in business entities, none of which offered much versatility in comparison to the modern Limited Liability Company. These earlier, more unpopular, business classifications include, Limited Liability Partnerships, Limited Partnerships, and Limited Liability Limited Partnerships, all of which offered lucrative, yet sometimes complex, benefits. In today's businesses the relatively new Limited Liability Company, or LLC, has proven to be one of the most favorable business entities for its preferential tax treatment and the liability shield it provides to its members.

Aretha Franklin had no will on her $80 million-dollar estate.

The unfortunate passing of "The Queen of Soul", Aretha Franklin, has left her fans grieving, but has left her grieving family to divide her estimated $80 million-dollar estate without the help of an estate plan. Aretha Franklin passed away intestate, in other words, without a will. This means the state in which she is domiciled will determine the distribution of her estate through the state's intestacy laws.

Grandparent Rights in Tennessee

The Tennessee courts have made it clear that parents and grandparents do not "begin on equal footing." The right to parent is premised on a fundamental constitutional right, which is not afforded to grandparents. In Tennessee, the visitation rights of grandparents are limited to a very narrow, statutorily defined set of circumstances. These circumstances require that (a) the father or mother of an unmarried minor child is deceased, (b) the child's father or mother are divorced, legally separated, or were never married to each other, (c) the child resided in the home of the grandparents for a period of twelve (12) months or more and was subsequently removed from the home, and a limited other set of circumstances.

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