Probate

Anthony Bourdain Leaves Bulk of Estate to Daughter

Celebrity chef and TV host Anthony Bourdain, who died by suicide in June, left most of his estate to his 11-year-old daughter, Ariane Busia-Bourdain, reports the Chicago Sun-Times. Bourdain named ex-wife Ottavia Busia executor of the $1.2 million estate, which is far below previous estimates of his net worth. Some reports claim that the Bourdain/Busia divorce was not finalized, which could open the estate up to a legal dispute.

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Michael S. Goode to Chair Estate Planning & Probate Section for the 2018–19 Bar Year

Michael S. Goode has dedicated his legal career to helping businesses and families with their tax, business and estate planning needs, working closely with advisors, banks and trust companies to provide innovative solutions to clients' wealth preservation needs. Goode co-founded the Chattanooga chapter of the Succession Planning Professionals and is a member of the Atlanta chapter. Goode has also written pension legislation under Georgia law for a large county school district and represented an estate client before the Supreme Court of Georgia in a case that caused a shift in Georgia law regarding the interpretation of Wills. Goode received his JD from The College of William and Mary, and his LL.M. in Taxation from New York University. Please join us in welcoming your Estate Planning & Probate Section Chair for the 2018–19 bar year.

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Maryville Attorney Suspended for Three Years

A former Blount County commissioner was suspended Tuesday from practicing law for three years, reports the Citizen Tribune. The Board of Professional Responsibility has suspended Ted Austin “Tab” Burkhalter Jr., regarding a probate case in which he represented the executor of an estate, in which notarized a document with a forged signature. Burkhalter operates Burkhalter & Associates, serving as its managing partner.

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How the Tax Cuts and Jobs Act of 2017 Affects Estate Planning

A recent article on Lexology highlights changes to estate and gift taxes in the Tax Cuts and Jobs Act of 2017, which doubles those ‘death tax’ exemptions. The exemptions will continue to be adjusted annually for inflation and are set to expire in 2025.
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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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