Estate Planning and Probate Section

Once a part of the TBA Tax section, the Estate Planning and Probate section was created after it was determined that there was a need for a separate and distinct section. It now provides an annual CLE Forum and provides information through newsletters.

Chair
U.S. Trust
414 Union St.
Nashville, TN 37219
(615)749-3906
Immediate Past Chair
UT Institute of Agriculture,...
114 Morgan Hall 2621 Morgan Cir.
Knoxville, TN 37996
(865)974-7423

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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Volunteers Needed for Memphis Wills for Heroes Clinic

The TBA Young Lawyers Division will hold a free Wills for Heroes legal clinic tomorrow in Memphis at the Benjamin L. Hooks Library, 3030 Poplar Ave., from 9 a.m. to 5 p.m. The clinic will provide free wills, powers of attorney and advance directives for Tennessee's firefighters, law enforcement officers and other emergency responders. Attorneys who would like to volunteer or get more information should contact Memphis lawyer Chasity Grice.

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