Probate

Another Successful Estate Planning & Probate Forum!

The TBA Estate Planning & Probate Section presented its annual forum to a packed house at the Embassy Suites in Franklin on Feb. 23. Through the dedication of the section and top-notch programming, this event has become a staple for not only estate planning and probate practitioners, but lawyers of associated practices as well. Thanks to the TBA Estate Planning & Probate Executive Council for their time and assistance with another remarkable forum. Stay tuned for more exciting events to come from this section!

OFFICERS
  • Jennifer Exum, Chair, Chambliss, Bahner & Stophel, Chattanooga
  • Michael Goode, Vice-Chair, Stites & Harbison, Nashville
  • Jeff Carson, Immediate Past Chair, Diversified Trust, Nashville
MIDDLE TENNESSEE DELEGATES
  • Paul Hayes, Howard Mobley Hayes & Gontarek, Nashville
  • David Parsons, Attorney at Law, Nashville
WEST TENNESSEE DELEGATE
  • Chris Coats, Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis
EAST TENNESSEE DELEGATES
  • Victoria Tillman, McKinney & Tillman, Knoxville
  • Donald Farinato, Hodges, Doughty & Carson, Knoxville
  • Newman Bankston, Egerton, McAfee, Armistead & Davis, Knoxville
  • Angelia Nystrom, University of Tennessee Foundation, Knoxville

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Elate & Libate

The Estate & Probate section will host an "Elate & Libate" cocktail hour immediately following the Estate Planning & Probate Forum 2018 in the Embassy Suites Franklin Atrium. Join friends, colleagues and fellow section members for a drink on us!
 
What better way to relax and unwind after a full day of CLE fun. Drink tickets will be provided for TBA Estate Planning & Probate Section members. Forum participation not required to attend the happy hour. Contact Jarod Word for more info. 
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Estate Planning & Probate Forum Happy Hour

Join us for a happy hour immediately following the Estate Planning & Probate Forum on Feb. 23. Don't miss this opportunity to unwind while you mix and mingle with attorneys and professionals of a similar focus. Attendance at the forum is not required to attend the happy hour. TBA Estate Planning & Probate Section members will receive a drink on us! Stay tuned for more info.
 
When: Friday, Feb. 23, 4 p.m., CST
Where: Embassy Suites Hotel, 820 Crescent Center Dr., Franklin, TN 37067
 
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Glen Campbell's Longtime Publicist Subpoenaed Regarding Contested Will

The longtime publicist of Glen Campbell, who passed away from Alzheimer's Disease last year, has been subpoenaed to testify regarding the late singer's competence when he signed a now-disputed will, according to The Tennessean.

Records in Davidson County Probate Court show a subpoena has been issued for Sanford Brokaw to appear for testimony in Nashville on Feb. 20. The subpoena calls on Brokaw to "provide proof of the decedent's capacity since 2002” and submit "all communications regarding the estate of the decedent."

The contention is regarding the exclusion of three of Campbell's children, who have been cut out of his estimated $50 million estate, according to a 13-page will filed by his widow in 2006, Rolling Stone reported. The will states that he was "specifically excluding" the three children from receiving anything under the will or a related trust, and names his wife, Kim, as executor. Court records indicate there was an earlier version of Campbell's will, dated in 2002.

This was not the first interfamilial feud, as Campbell’s eldest daughter Debby and son Travis previously won a legal victory after claiming that Kim Campbell was denying them the right to visit their father during his illness. Tennessee Gov. Bill Haslam subsequently signed a bill into law called the Campbell / Falk Act, which allows family members and close friends of a person with Alzheimer’s disease, dementia or other disabilities to visit a loved one in person, or maintain contact with them by phone, email or mail, despite the stated wishes of a legally appointed conservator.

Campbell was first diagnosed with the Alzheimer’s in 2011 and died in August 2017. A Netflix film, "I’ll Be Me", details his diagnosis, final tour and his farewell to fans.

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Charles Manson’s Grandson Ramps Up Fight for Serial Killer’s Remains, Estate

Almost two months after his death, the legal battle for the estate of Charles Manson continues. Manson, who died from acute cardiac arrest complicated by a battle with colon cancer on Nov. 29, 2017, allegedly has two wills, each leaving his estate to a different person. Jason Freeman, the son of the late Charles Manson Jr. and the grandson of Manson and his first wife, Rosalie Willis, filed documents with the Los Angeles County probate court on Jan. 12, seeking control of his grandfather’s estate, further complicating the dispute.
 
While the value of Manson’s estate is unknown, he has written songs recorded by big-name musicians such as the Beach Boys and Guns N’ Roses. Manson also received royalties from a clothing company for a t-shirt bearing his likeness. It might take a few weeks for a judge to decide who will control Manson’s estate, as a venue for the case has yet to be determined. On Jan. 26, a judge will decide on the proper venue for the next court hearing.
 
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Don't Forget– Estate Planning & Probate Forum 2018 This Friday!

The Tennessee Bar Association will host the 2018 Estate Planning & Probate Forum at the Embassy Suites in Franklin on Friday. This event provides six hours of CLE, including an hour of dual credit, and will be focused on timely, relevant topics to help you stay on top of trends affecting this area of law. Legislative updates and the ever-popular Probate Panel will ensure that you leave with the knowledge necessary to advance your practice.
 
Do not miss this opportunity to fulfill CLE requirements while networking with attorneys who share your focus and cultivating relationships with fellow practitioners. Section members receive a discounted rate for the program. Here's the key info: 
 
When: Feb. 23, 2018; registration begins at 8 a.m., CDT
 
Where: Embassy Suites Hotel, 820 Crescent Center Dr., Franklin, TN 37067
 
Topics include:
  • Family Law Issues
  • IRA Planning and Best Practices
  • Medicare Benefits
  • Legislative Updates
  • Probate Panel
 
Speakers/Producers include:
  • Jennifer Exum, Chambliss, Bahner & Stophel PC, Chattanooga 
  • Jeffrey Atherton, Chancery Court, Chattanooga
  • Newman Bankston, Egerton, McAfee, Armistead & Davis, Knoxville 
  • Frank Cardenas, FEDlogic LLC, Nashville 
  • Donald Farinato, Hodges, Doughty & Carson PLLC, Knoxville 
  • Sandra Garrett, The Board of Professional Responsibility, Brentwood 
  • Kathleen Gomes, Probate Court of Shelby County-Division One, Memphis
  • David Parsons, Attorney At Law, Nashville 
  • Joel Roettger, Gentry, Tipton & McLemore, Knoxville 
  • Stacy Roettger, The Trust Company of Knoxville
  • Albert Secor, Southeastern Trust Company, Chattanooga

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Legislative Updates Affecting Probate in Tennessee

Every year, some changes in the law come with the fanfare, bells and whistles of a Las Vegas jackpot win, such as no inheritance tax or no gift tax. Other revisions to the law are less obvious, but a closer look reveals the treasures to be found in their simplicity and substance. The major legislative changes that went into effect July 1, 2017, surrounding probate are of this sort, less glitz but still noteworthy. 
 
The Tennessee 110th General Assembly enacted SB 769, a bill that revises certain provisions of the probate code related to estate administration. These revisions impose additional responsibilities on the estate's personal representative for the protection and benefit of the beneficiaries. Here are a few of the hidden gems that may affect your estate or a loved one's:
 
No Hands in the Cookie Jar 
Take the case where a personal representative (an executor or administrator) files a claim against the estate for payment of a debt owed to him or her by the decedent. In the past, the notice of the filing was sent by the probate clerk only to the personal representative and his or her attorney. Now, the personal representative seeking payment must provide the probate clerk with the names and current mailing addresses of all residuary beneficiaries of the estate (whose interests will likely be diminished if the claim were awarded) so they can be notified by the clerk within five days of the filing and given the opportunity to protect their interests. [T.C.A. 30-2-313]
 
Crime (Still) Doesn't Pay 
The prior version of the "Slayer Statute" prohibited a person from inheriting from an individual that person killed, unless it was an accident or self-defense. The new version, a much more robust and detailed statute, now requires, among other things: the killer has to give up all benefits of the decedent's estate; it revokes any beneficiary designations for the killer and it eliminates any interest the killer has in real estate as a joint tenant with the decedent. [T.C.A. 31-1-106]
 
Who's Your Daddy? 
To inherit from a decedent, a child born out of wedlock must establish his or her paternity at the earlier of four months from the first publication of the notice to creditors, or one year from the father's date of death. In the case of an amorous decedent, the personal representative can now send a copy of the notice to creditors published in the local newspaper to any purported child and limit the time that child has to establish his or her parent/child relationship with the decedent. If the representative fears that children will come "out of the woodwork" after a decedent's death, this amendment provides a shortened timeframe in which a purported child must establish paternity, which is a blessing to an estate administration that could otherwise be drawn out in costly litigation. [T.C.A. 31-2-105]
 
Signin' My Life Away 
Each recipient of a specific bequest under a decedent's will must sign a receipt that is required to be filed with the probate court by the personal representative in order to close an estate administration. A seemingly innocuous revision now provides that these receipts must be notarized under penalty of perjury or otherwise sworn, where the prior version of the statute only required signatures on receipts for filing with the Court. This is to ensure that the intended recipient of a gift under a will actually receive the gift, although it could be an inconvenience to some beneficiaries. [T.C.A. 30-2-601]
 
No Hostages  
Although the Legislature now requires receipts to be notarized or otherwise sworn (see above), they also realize that some beneficiaries simply will not follow directions. In those cases, the personal representative is allowed to close an estate administration if he or she can show to the Court's satisfaction that diligent efforts have been made to obtain the required acknowledgment from a beneficiary. If the other beneficiaries agree, the estate will not be held hostage by the one recalcitrant beneficiary. [T.C.A. 30-2-601]
 
Jennifer Kent Exum is the section chair of the Tennessee Bar Association's Estate Planning and Probate Section. Exum is Of Counsel at Chambliss and has practiced law for nearly a decade, primarily in the areas of estate administration, estate planning, conservatorships, tax, estate-related litigation and general civil litigation. She holds degrees from Northwestern University and the University of Tennessee College of Law. Exum can be contacted at 423-757-0297 or jexum@chamblisslaw.com.
 
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