This year's Real Estate Essentials course will be held virtually on June 22. The program will run from 1 to 4:15 p.m. CDT. This year's program will feature David Palmer with the FBI office in Memphis discussing cybersecurity in real estate transactions, and Mary Kate Brandon with First American Title providing a session on the basics of title insurance. Make plans now to attend, and remember, section members always receive a discount.

A Madison County jury convicted the Defendant, Christopher Oberton Curry, Jr., of being a convicted felon in possession of a firearm, evading arrest while operating a motor vehicle, reckless driving, driving while unlicensed, violation of the registration law, and disobeying a stop sign. The trial court sentenced the Defendant to an effective sentence of ten years. On appeal, the Defendant contends that the evidence is insufficient to support his conviction for felony possession of a weapon and that an item of evidence was erroneously admitted. He further contends that the jury instructions were inaccurate and incomplete. After review, we affirm the trial court’s judgments.

The TBA welcomes ethics expert Stuart Teicher on June 23 for three virtual ethics courses that can benefit any practitioner. From Bach to Beyoncé: What Musical Arrangements Teach About Legal Writing focuses on the organization phase of legal writing, including the creation of mind maps and outlining; The Ethics of Asking for Work explores the rules on solicitation and talking to potential clients; and Eight Reasons Movie-Lawyers Would Be Disciplined breaks down the lessons lawyers can learn from the ethical violations committed by lawyers in movies and on TV. Join us for one course or all three!

TBA Estate Planning & Probate Section Executive Council delegate and trusts and estates lawyer with Baker Donelson, Jennifer Kent Exum, was recently appointed as Hamilton County’s first public receiver. In this role, Exum will help Hamilton County’s Chancery Court manage the businesses of decedents, as well as insolvent or complex estate administrations. The position is the brainchild of Chancellor Jeff Atherton, who devised it as a way of addressing problems from business disputes due to an owner’s death. When completing paperwork, an executor can simply check a box that asks if the decedent was the owner of a business. If checked, the clerk and master appoints Exum as a temporary limited receiver charged with doing an initial investigation to determine if the business needs assistance. “Estate administration was my first love,” says Exum. “I’d seen how estate planning had solved significant problems when a key family member died. And I’d seen the chaos and the drama that can result from a lack of planning. Seeing both of those instances made me think estate planning and administration was where I could be of the greatest service to people.” To date, Exum has received about three dozen appointments. The Hamilton County Herald has more.

The TBA Estate Planning Section will host its fourth annual Topgolf Estate Planning Tee-off on Sept. 8. This fun learning opportunity will feature the basics of uniform trust code, silent trusts, online estate planning, ethics and more. Breakfast, lunch and two hours of Topgolf are included with registration. Learn more about Topgolf using this link. Attendance is limited so register now before it’s too late!

The SECURE Act 2.0 made pointed changes to required minimum distribution age requirements, with structured increases planned throughout the next decade. While it might be appealing for clients to wait and delay paying taxes, this could also lead to unexpected consequences. Distributions from a traditional retirement account are taxed as ordinary income subject to a top income tax rate; however, the IRA might be earning long-term capital gains, qualified dividends and other tax-advantaged income. This is all taxed as ordinary income when distributed. Clients could also see their income tax rate increase, which could lead to increased Social Security taxes, a Medicare premium surtax and a 3.8% surtax on net investment income, among other problems. Additionally, the Tax Cuts and Jobs Act of 2017 is set to expire after 2025, when tax rates will increase back to their pre-2018 levels. Forbes has more.

Clients who withdrew money from their 401(k) accounts during the pandemic will soon have to repay those funds to reap the tax benefits. The CARES Act in 2020 allowed savers to withdraw up to $100,000 from IRAs and employer-sponsored plans, providing special exceptions for these withdrawals. The law waived the typical 10% tax penalty for early retirement withdrawals, essentially granting tax-free loans if repaid within a three-year window. An estimated 6% of 401(k) investors borrowed from a plan, but only about 1% had repaid it by the end of 2021. Investors who repay all or part of their withdrawal by the three-year deadline must file an amended tax return to claim a tax refund, according to the IRS. CNBC has more.

Introducing LawPay Pro! Enjoy a better billing experience from the leader in legal payments. TBA members can ditch the clunky spreadsheets, and reclaim billable time wasted on outdated processes. Built based on decades of feedback and collaboration with legal professionals, LawPay Pro offers all of the time tracking, invoicing, and payment features you need to invoice in minutes and get paid in seconds. The best part? Plans start as low as $19/month per user. See just how easy it is to use. Learn more >>

Franklin-based financial advisor Dave Ramsey and his company Ramsey Solutions are being sued for $150 million for negligent misrepresentation, unjust enrichment and violation of consumer protection laws, the Tennessean reports. Seventeen plaintiffs say they lost thousands of dollars based on Ramsey's advice and endorsement of the Timeshare Exit Team as a company that would get people out of their timeshare agreements. However, he did not disclose that he received over $30 million for the endorsements as well as a portion of the fees paid to Timeshare Exit Team by people he referred to the service.

An arbitrator awarded a subcontractor damages against a general contractor. In chancery court, the general contractor moved to vacate the award on the basis that the arbitrator exceeded his powers. The chancery court denied the motion to vacate and, at the request of the subcontractor, confirmed the arbitration award. We affirm.