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
Elder Law Practice of Timothy L....
150 Stonebrook Lane
Hendersonville, TN 37075
(615)824-2571
Immediate Past Chair
Monica Franklin & Associates,...
4931 Homberg Drive
Knoxville, TN 379195146
(865)588-3700
Vice-Chair
J Barry Law Office
115 N Castle Heights Ave, Suite 101
Lebanon, TN 37087
(615)444-3568

Did Appeals Court Call for Reconsideration of Cowan Rule?

Since the Tennessee Supreme Court found that a final will cannot be contested by an individual who was left out of a previous will, the so called 1906 “Cowan Rule” has been creating heartburn for judges, the Times Free Press reports. The most recent test came in the case of J. Don Brock. At the trial court level, the judge “reluctantly dismissed” the claims of Brock’s children because they were cut out of a previous version. The appeals court upheld the decision but in a rare move, may have encouraged the state Supreme Court to re-examine the ruling and its practical application. Attorneys for the estate, however, say the appeals court did not ask for reconsideration but merely pointed out that the rule could be used to hide fraud. Read it here.

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Opinion: Time to Shed Light on Elder Abuse

It is time to address issues of elder abuse, neglect and financial exploitation that have largely gone unnoticed and unaddressed, writes Matthew H. Schwimmer in the Jackson Sun. A 2016 graduate of the University of Memphis School of Law and an Equal Justice Works/AmeriCorps Elder Justice Fellow with West Tennessee Legal Services, Schwimmer calls on Tennesseans to educate themselves, get involved in older Americans’ lives and, if they become aware of abuse, contact their local legal services organization.

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