Entries by Jason A. Lee, Esq.

Impact of Divorce on Terms in a Will that Benefit the Former Spouse in Tennessee

October 12, 2017 /0 Comments/in , /by

When a Will is executed by someone, and then they are later divorced, the divorce revokes any benefits that were going to go to the former spouse under the Will.  This revocation is automatic and by statute that was passed by the Tennessee legislature.  T.C.A. § 32-1-202(a) provides as follows: (a) If after executing a […]

Sexual Harassment and Sexually Hostile Work Environment Claims in Tennessee – General Overview

October 12, 2017 /0 Comments/in , , , , , , , /by

Sexual Harassment and Sexually Hostile Work Environment claims are both recognized in Tennessee under state law and federal Law (pursuant to Title VII).  These are very significant claims often involving the harassment of a female by a male supervisor or co-worker.  The standards for an employer’s liability are different under each of those scenarios (this […]

Should You Add Your Children to Your Financial Accounts When You Need Financial Assistance Later in Life?

July 22, 2017 /0 Comments/in , /by

A significant number of older individuals in Tennessee add one or more of their children to their bank accounts to help them manage their finances. They often do this as joint owners with right of survivorship in order to have them help to pay the bills and to take care of other matters late in […]

There is No Claim for Negligent Infliction of Emotional Distress on Solely Property Damage Loss Cases in Tennessee

May 28, 2017 /0 Comments/in , , , , , /by

The Tennessee Court of Appeals in Richard Lane, et al v. Estate of Gary K. Leggett, No. M2016-00448-COA-R3-CV, 2017 WL 1176982 (Tenn. Ct. App. 2017) discussed whether a Plaintiff can recover for Negligent Infliction of Emotional Distress for a claim that involves only property damage. In this case, the Plaintiff owned a business in White […]

Can an Appointed Executor Contest the Will They Offered For Probate in Tennessee?

April 30, 2017 /0 Comments/in /by

A really interesting question was addressed by the Tennessee Court of Appeals recently on whether an executor who submitted a Will for probate and was appointed as executor can subsequently contest the terms of the Will. The Tennessee Court of Appeals in the case of In Re: Estate of Ellra Donald Bostic, No. E2016-00553-COA-R3-CV, 2016 […]

Piercing the Corporate Veil in Tennessee – When Can a Judgment Against a Corporation be the Personal Responsibility of the Shareholders?

April 30, 2017 /0 Comments/in , , , , , , /by

The Tennessee Court of Appeals recently decided a case (F&M Marketing Services, Inc. v. Christenberry Trucking and Farm, Inc., E2016-00205-COA-R3-CV, 2017 WL 417223_(Tenn. Ct. App. 2017)) involving a request to pierce the corporate veil of a Defendant after the Plaintiff got a substantial judgment against that Defendant for breach of contract. The total judgment in […]

Does Employer’s Admission of Vicarious Liability for Actions of Employee Insulate the Employer from Other Causes of Action?

January 3, 2017 /0 Comments/in , , , , , , /by

The Tennessee Court of Appeals recently dealt with an issue that has not been previously discussed by Tennessee Appellate courts in Melanie Jones, Individually and on behalf of Matthew H. V. Shavonna Rachelle Windham, et al., No. W2015-00973-COA-R10-CV, 2016 WL 943722 (Tenn. Ct. App. 2016).  The question deal with the situation where an employer and […]

When is a Surviving Spouse Required to Make Election to Obtain Elective Share Against the Estate in Tennessee?

January 3, 2017 /0 Comments/in , /by

A surviving spouse has the ability to obtain an elective share (see prior post describing the details of an elective share under Tennessee law) of a decedent’s property by filing a notice with the court.  The surviving spouse is required to file a petition for an elective share within nine months after the date of […]

What Happens When an Insured Under a Life Insurance Policy and a Beneficiary Die Simultaneously in Tennessee?

October 2, 2016 /0 Comments/in , /by

Sometimes an individual who has a life insurance policy dies at the same time as a beneficiary.  Obviously, this does not happen very often, but it does happen on occasion.  Most often, when this occurs, it is simply just impossible to determine who actually died first.  In Tennessee, we have a statute that addresses this […]

Misrepresentation of Licensed Contractor Status in Tennessee Can Cause Significant Liability

September 8, 2016 /0 Comments/in , , , /by

Tennessee law is clear that any person, firm or corporation who misrepresents that they are a licensed contractor is subject to significant penalties.  It is also against Tennessee law to act in the capacity of a “contractor” in Tennessee when one is not properly licensed.  Specifically, T.C.A. § 62-6-136 discusses this issue in subsection (A) […]