Elder Law Section

The section provides education to its members, makes recommendations for improving the law, and undertakes projects to increase the understanding of senior citizens, their families and the public concerning legal issues affecting the elderly.

Chair
J Barry Law Office
115 N Castle Heights Ave, Suite 101
Lebanon, TN 37087
(615)444-3568
Immediate Past Chair
Takacs McGinnis Elder Care Law
P.O. Box 364
Hendersonville, TN 37077-0364
(615)824-2571
Vice-Chair
Parker, Toy & Associates, PLLC
5445 Preakness Court
Christiana, TN 37037
(615)896-2727
Staff Coordinator
Tennessee Bar Association
221 4th Avenue N. Suite 400
Nashville, TN 37219
(615)383-7421

Court Clarifies Law on Ownership of Funds Withdrawn from Joint Account

The Tennessee Supreme Court has unanimously ruled that, when one spouse unilaterally withdraws money from a married couple’s joint bank account and places it in a certificate of deposit, the money is no longer joint property and belongs to the spouse to whom the certificate of deposit was issued. The opinion in In Re Estate of Calvert Hugh Fletcher was authored by Justice Sharon G. Lee.

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Tennessee Supreme Court Clarifies Standards for Contesting a Will

The Tennessee Supreme Court reversed previous rulings that dismissed a lawsuit contesting the will of a Hamilton County man who died in 2015. In a 2013 will the deceased, Dr. J. Don Brock, left behind a sizeable estate to his wife, two stepdaughters and two children from a previous marriage, but excluded five children from the previous marriage. The Supreme Court declined to adopt a broad rule precluding persons disinherited by successive wills from ever bringing a will contest. Instead, the court ruled that parties may establish standing to contest a will by showing that they would be entitled to share in the decedent’s estate if the challenged will, or challenged wills, were set aside or no will existed and the laws of intestacy applied. Justice Cornelia A. Clark authored the court's unanimous opinion.

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