tennessee offers new online legal resource
Questions about a legal matter? Can’t afford an attorney? Or simply don’t know where to start?
The Tennessee Supreme Court recently launched www.justiceforalltn.com, a website that serves as an aggregated resource for people with legal questions.
For folks with legal questions, click on the NEED LEGAL HELP? button, and a list of links to other websites related to legal resources in Tennessee appears.
Attorneys who want to help by providing free or reduced-cost legal services can connect with various legal services organizations through the site, as well.
Overall, the site is a needed addition to online legal resources for our community.
the hidden costs of a DIY will
I just this moment returned from a court hearing to establish a guardianship. A hearing that occurred for only one reason: my client’s dad used LegalZoom to make a will.
My client’s dad thought he was doing the right thing. I mean, having a will is better than having no will, right?
Wrong. Having a well-drafted will that includes the right language is MUCH better than having no will. (To learn more about why you need a will, go HERE and HERE.)
But having a poorly-drafted will that doesn’t include what it should – or includes the WRONG language – can be much worse than having no will.
In my client’s situation, her dad left some money to her minor son. Which is great! But, because he bought the will from LegalZoom and didn’t get any legal advice, he didn’t structure the bequest in the right way. And because of this, my client had to file a legal action to get the court’s permission to accept this money on her son’s behalf.
So, the cost of using LegalZoom for this family far exceeded the difference in cost between a DIY will and working with an attorney. How much? Many hundreds of dollars, months of time.
FYI – a DIY will has hidden costs. Buyer beware.
the importance of being nice
I received the ultimate compliment recently. A new client said to me, with surprise in his voice, “You sure are nice for a lawyer.” Of course, I thanked him profusely. Truly, it is so nice to be referred to as a NICE LAWYER.
It’s important for lawyers to be nice. This client’s comment suggests that perhaps not everyone thinks that lawyers are nice. Of course, the role of a lawyer in many instances requires this person to be aggressive – to take a hard line and stick to it. This can often be construed as the opposite of nice, especially if you’re on the receiving end of such behavior.
But, even in the midst of tough negotiations, we lawyers can still be nice. Being nice in a difficult process really does make a difference. And nice lawyers do win.
some advice for job seekers
We’ve recently spent many hours combing through resumes and interviewing potential candidates for our Administrative Assistant position. Wow. What an eye-opening experience.
We learned a few surprising things in this process. Perhaps the most surprising: the majority of folks who responded to our craigslist ad – including some we interviewed – were not prepared.
What do I mean by this? I mean that folks simply failed to take what we consider basic steps necessary to be considered for our open position. We *want* applicants to be prepared – we *want* to be wowed by them.
[Caveat: We interviewed some well-qualified applicants who did all of these things, and did them well. So my comments do not apply to everyone who responded. Just most of them.]
A simple Google search reveals hundreds of articles about how to prepare for and rock a job interview. The resources are out there. (We list a few below.) Find them and read them.
Why? This is an employer’s market. We received close to 50 applications in response to an ad that ran for only three days. Some of the applicants had postgraduate degrees. The majority were qualified (on paper) to do the job. To catch our attention, an applicant really had to stand out. In all respects. For a part-time, hourly position. Wow.
The process inspired me to share thoughts on how an applicant can really rock the interview process. It’s not rocket science. But if you want to get hired (by us or anyone else), do at least the following:
Communicate professionally and promptly with the prospective employer. If by email, this means use complete sentences, use spell-check and include all of your contact information in the email. If you want the job, then you should respond the same day to any communication. Otherwise, the employer may move on to the next person on his/her list.
Do your research. Google the prospective employer to learn as much as you can in advance of an interview. Read the company website, read news articles, LinkedIn profiles, Facebook pages, Twitter feeds. You’ll likely find a wealth of information. Use this information to personalize pre-interview communication and to prepare for the interview. In the interview, express this knowledge so that the employer realizes you took the time to do the research in the first place.
Dress professionally. If interviewing for an office position, wear a suit or jacket with pants or skirt. No wrinkles or messiness. It is always best to over-dress. Click HERE for a great reference guide on how to dress for success in the interview process.
Follow the application process. If an employer requires a specific process, then do exactly that. No less. For example, we asked applicants to provide three items to us, via email: 1-cover letter describing interest in the position, 2-resume and 3-references. Simple. Almost one-third of the emails we received didn’t include all three items. Some folks called but didn’t email. We automatically excluded all of them from consideration.
Side note: If providing documents via email, it is best to attach PDF files and not Word documents. A PDF file will preserve the formatting of your document, and can be opened by anyone. Recipients may have trouble opening a Word (or any word processing) document; it probably will look different when opened on someone else’s computer; and it can reveal potentially embarrassing metadata.
NEVER FORGET: YOU ONLY HAVE ONE CHANCE TO MAKE A GOOD IMPRESSION. This is the golden rule. Fail to do any of the above and you probably won’t get another chance with a prospective employer.
Incredible resources exist online to help sharpen skills for job seekers. If you’re looking for a job, then your current job is to do all you can to improve your skills to land that ideal job. Here are some resources to explore:
Interview Preparation Guide: http://www.quintcareers.com/job_interview_preparation.html
Ten Blogs for Job-Seekers: http://www.blogs.com/topten/top-10-blogs-for-job-seekers/
Advice from craigslist for Job Seekers: http://www.craigslist.org/about/best/sfo/101949754.html
Good luck!!!
a reflective moment
I just returned from a client’s funeral. She visited me, with her children, a few years ago. She was in a second marriage – her husband had kids, she had kids, both from prior marriages. There was a prenuptial. Lots of moving parts. She wanted my help with planning – she wanted to know what would happen to all of her wordly possessions when she died.
I helped her make a plan. She felt better. Her family felt better. I felt good, having had the opportunity to help.
A year or so later, she became unexpectedly ill. She called me. We made some changes to her plan. She got better. Then, suddenly, she got worse. She passed away this week.
Her daughter called me with some questions. I helped her to locate documents that proved invaluable in making sure that my client’s final wishes would be honored. At that moment, we were both so glad that her mom had taken some time to plan.
I learned many things about my client at her funeral that I didn’t know before. It made me happy and sad all at the same time. And it made me so grateful to be able to help this family. An ‘aha’ moment, perhaps. I helped make a difference. And this client, and her family, made a difference in my life as well.
I read an article last week about how, if you wouldn’t do your job for free, then you should be doing something else. Today, I fully understand what that means. Today, I would do my job for free.
a note about email
I welcome email contact from folks who read my blog or visit my website. In fact, I generally invite readers to contact me at the end of each blog post if they would like to speak with me directly.
However, I can’t give legal advice via email. If you have an issue that you would like to discuss, feel free to send me a brief email. We can then schedule a time to talk – by phone, Skype or in person – to discuss your issue and how I may be able to assist. Or, you can access our client extranet by making contact HERE, and we will create an account for you. In the extranet, you can request a legal service or ask a legal question, and I will respond promptly.
Please understand that before I can give legal advice or assist you with a legal matter, we must first form an attorney-client relationship. This cannot be accomplished via email communication, but we can create this relationship via our secure client extranet. Until I can obtain certain information from you, I can’t provide legal advice to you in any format. This is a requirement of the ethics rules that govern the practice of law in Tennessee.
IMPORTANT NOTE: PLEASE do not include detailed information in any email communication to me. Email is NOT a secure method of communication and should not be used to share confidential information with anyone.
The information I offer in this blog is general in nature, and may not apply to your specific situation. So, if you have a legal issue (problem, question, etc.), please contact an attorney for assistance. I’m glad to speak with you, or help you find an attorney in your area.
Many thanks for reading my blog!
and more helpful info for executors in tennessee …
I find this to be a bit ironic. Davidson County, Tennessee Probate Court won’t permit an individual executor to open anything but a “small estate” – attorney representation is mandatory otherwise. However, they offer helpful instructions for executors (personal representatives) on the Court’s website. Go figure.
This is a nice little guide. Check it out.
What does an executor do, exactly?
Most folks I meet with in planning an estate – or probating one – are familiar with the word executor. [An executor carries out (or executes) the wishes of someone who has died leaving a will.] But often, they don’t know exactly what an executor does. So, here is what an executor does, in Tennessee, somewhat exactly:
- Identify and take into your possession the decedent’s assets that were owned solely by the decedent;
- Invest estate assets to produce income for the estate during the administration process;
- Identify and notify each person who is owed money by the decedent, i.e. the creditors;
- If a creditor files a proper claim, then pay the debt owed to the creditor;
- Prepare and file the necessary income, gift and death tax returns due;
- Prepare and file any inventories required;
- After paying all claims from creditors and filing necessary tax returns, distribute the remaining estate assets to those named in decedent’s will, or to those who are to receive decedent’s estate under intestate succession, if decedent died without a will (intestate).
What can the executor NOT do?
- the executor cannot use any of the estate assets to pay personal bills;
- the executor cannot use estate assets to pay any of the beneficiaries’ bills until all estate debts and taxes due have been paid.
An executor has a fiduciary duty to manage the estate assets and take the other actions listed above. Most often the executor will work with an attorney, who assists in preparing the necessary documents, notifying creditors and so forth. If an executor chooses to proceed without an attorney – and this is allowed in most Tennessee counties (Davidson County being a notable exception) – then he or she should at the very least consult with an attorney to understand the detailed actions that accompany all of the obligations I describe above.
Questions about serving as executor of an estate in Tennessee? Drop me a line anytime: cnm@csquaredlaw.com or 615.595.7776.
Please note that this information is general in nature and is not intended as legal advice. Always consult with an attorney to determine what the needs of your particular situation may be.
probate 101 – a quick overview
I’ve been helping folks with wills and estate planning for many, many years. And over the years I’ve helped a number of families probate the estate of loved ones. It seems that lately I’ve fielded more probate inquiries than ever. People are looking for an initial understanding of the probate process. So I thought I would share some general information for those who are looking for the same.
First, I want to note that in most Tennessee counties, an individual can petition the court to open a probate estate without the assistance of an attorney. In many instances, the probate process isn’t complicated – especially when the estate is relatively small and heirs are few in number. Davidson County (Metropolitan Nashville) is one example of a county in which one MUST hire an attorney to accomplish probate, but it’s the exception and not the rule.
I often work with families as ‘counsel’ in a probate matter, but am not the attorney of record. The individual executor opens probate pro se (without an attorney) and I provide guidance to the invidual. This saves the estate an increased expense in attorneys’ fees, and is a great option for smaller estates that have limited cashflow.
However, there are many instances in which an attorney really is necessary. If there is disagreement among the heirs regarding distribution of the estate – especially if someone contests the will in the probate process – an executor really needs an attorney’s assistance.
So, back to the basics. In Tennessee, if someone has a valid will at the time of death, then this is called a “testate estate.” If someone dies without a will, then it is an “intestate estate.”
A testate estate is probated by filing a petition (along with the original will document) with the Chancery Court Clerk and Master, requesting that the will be admitted to probate and that a particular person be appointed executor over the estate. This person will be responsible for meeting all legal obligations required in the probate process – namely, notifying creditors of the death and heirs of the will’s directives. The executor accomplishes distribution of the estate to the heirs, and also handles any necessary tax filings with the state and US government. Often a certified public account is retained to assist with tax matters.
An intestate probate is handled in much the same fashion, with the exception that the executor is called a “personal representative” and is responsible for distributing the estate according to the laws of intestate succession in Tennessee. Read more about intestate succession HERE.
An intestate estate often requires a bit more work on the representative’s behalf, as an inventory and accountings must be filed with the court except under certain, limited circumstances. Intestate probate also requires that the representative post a bond, except under certain circumstances. All of these requirements can increase the time spent as well as expense of probate – a great reason to have a will!
In both kinds of probate, the court requires that creditors of the deceased by notified so that a creditor may file a claim against the estate. Public notice is provided, which is handled by the clerk and master. The executor or personal representative must also directly notify known creditors – the easiest way to do this is to mail a copy of the public notice via certified mail, return receipt requested. Then, the executor can prove that he/she sent notice to creditors, if a claim is filed past the filing deadline.
In Tennessee, creditors must file a claim against an estate within 12 months of death. Failure to do so forecloses all legal rights of a creditor in seeking a claim.
Also in Tennessee, TennCare (the state’s Medicaid provider) must be notified of the death, and must provide a release showing that nothing is due and owing to TennCare. If the deceased was a recipient of TennCare benefits, then the estate likely will have to reimburse TennCare for the benefits received, out of estate proceeds.
In my next Probate 101 post, I’ll cover the legal obligations of an executor/personal representative. Knowing the ‘rules’ makes the probate process must easier to navigate.
In the meantime, if you’re reading this post and have specific queries, feel free to call or email – 615.595.7776 or cnm@csquaredlaw.com.
what we *expect* from clients
In a recent post, I spent some time outlining what folks can/should expect from a lawyer. Now, it’s my turn to suggest what your lawyer can expect from you, the client. Understanding these expectations on the front end makes it much more likely that both you and the lawyer will meet (or exceed) said expectations. The result? A much more pleasant, productive experience.
[I want to state on the front end that various clients have not always followed the seven suggested courses of action below, and more than once (but never more than once with the same client). When I started discussing expectations with clients (both theirs and mine) at the beginning of representation, it was quite magical! I found that we both were much happier throughout the process. Thus, why I'm sharing the following ...]
In a nutshell, I expect clients to treat me the way they want to be treated (does ‘do unto others…’ ring a bell?), but to be more specific, I offer the following seven expectations:
First, please speak softly. Please do not shout at me, or even raise your voice. This is never okay, even if you are angry, disappointed, upset. I will never, ever raise my voice at a client and I expect the same.
Second, please always speak the truth. Untruths are never acceptable. See above – same rules apply.
Third, please disclose everything even if you don’t think it’s relevant. I cannot do my job unless I have ALL the relevant information. As the attorney, it’s my job to decide if it’s relevant or not. So it therefore is imperative that a client provide all available information. I am bound by very strict ethics rules to keep all client information confidential, so any disclosure is safe with me. But if you want me to do my best, I need to know EVERYTHING.
Fourth, please pay timely for my work on your behalf. I perform all legal work according to the terms of written engagement agreements. The agreement outlines very specifically what the fee(s) involved for work will be, and the terms for payment. I welcome all comments, questions and feedback on my fees. Once we reach an understanding, I expect to be paid timely. Just as you expect me to do my work timely on your behalf.
Fifth, please communicate timely with me. I commit to returning all communication within 24 hours of receipt (unless I physically am unable to do so, and then someone from my office will contact you on my behalf). I think it’s only fair that a client respond in a like manner. So, if I call you to discuss your matter, please call me back. I can then do my job efficiently and timely, which will make you happy. (And, by the way, if any of your contact information changes, please share this with me. I can’t call you if I don’t have your current telephone number.)
Sixth, please don’t ask me to do anything unethical, illegal or otherwise inappropriate. While this should be obvious, I am obligated to forego participating in any such activity. Upon sharing my professional opinion regarding a requested course of action, you are welcome to seek counsel from another attorney if you don’t like my response.
Seven, please treat my office staff with the same respect you show me. My staff will always treat you exactly as I would, and will communicate with you honestly and respectfully. I simply ask the same of my clients. Then, we all have a pleasant experience. And always remember: You catch more flies with honey than vinegar.
After 13 years in practice, I’ve found that we all do a better job when we know the expectations up front. Sometimes what should be obvious isn’t, especially if someone is in a heightened emotional state regarding a legal matter.
I consider it a true privilege to work for my clients, and am grateful for the trust and reliance they place in me. Since I began clearly communicating my mutual expectations, I can say that I have had only positive interactions with my clients. Happy clients, happy lawyer, happy world!
