I get a lot of interesting questions when I tell people that I practice Probate law in Tennessee. One of the things that is most confusing to people is how to know when an actual estate needs to be opened for their loved one. As a general rule, Tennessee probate estates only need to be opened when there are probate assets. Probate assets include bank accounts that are not joint and do not have any “pay on death” or “transfer on death” designations. Other probate assets include real estate when there is no joint, right of survivorship, co-owner. Probate assets can also include life insurance policies and retirement accounts that do not have a beneficiary or that list the estate as the beneficiary. These are the most common probate assets that can require an estate to be opened in Tennessee….
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The Tennessee Court of Appeals decided a recent interesting case involving a shooting that occurred just outside of the property of a youth outreach ministry. The Jerterrius Marshawn Akridge v. Fathom, Inc., No. 2014-00711-COA-R9-CV, 2015 WL 97946 (Tenn. 2015) decision dealt with a shooting that occurred close to, but clearly outside of the property of the defendant. The plaintiffs alleged they were attending a public music event at Club Fathom. Club Fathom provides outreach to at-risk youth, including gang members. At the event the plaintiffs assert certain individuals wore gang colors and an altercation erupted inside the building. The defendant’s security personnel forced all patrons to leave the building and the premises. The plaintiffs were subsequently caught in a shooting which occurred off the premises.
The plaintiffs claimed the defendant had a history of violence and numerous incidents of crime and public disorder on their property….
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