Sometimes, a dispute will arise after someone passes away regarding who is entitled to receive monies held by that person in a bank account or other type of account like a 401(k) account, money market account, mutual fund account, CD, or the like. Some beneficiaries or family members may have…
In a recent will contest and undue influence case decided by the Tennessee Court of Appeals, the Court of Appeals sustained the decision of the trial judge to set aside the verdict of the jury and to grant a new trial. The opinion of the court of appeals, which characterized…
A recent Tennessee case involving the breach of a real estate contract provides some straightforward and pragmatic analysis and discussion of two issues that arose from that contract. Those issues might easily arise in other real estate cases, construction cases, or breach of contract cases. Those two issues were: (1)…
In a recent case involving the interpretation of a will and a trust created in the will (a testamentary trust), the Tennessee Court of Appeals reversed the decision of a trial court that the corpus of the trust should be distributed to the brother of the deceased, and held that…
If a living person owes you money, under Tennessee law, generally, you have six years to file a breach of contract lawsuit against that person to collect your money. Once that person passes away, however, certain Tennessee laws set time deadlines for filing claims against estates. These laws may drastically…
In a recent breach of contract case involving a construction contract for the replacement of a roof, the Supreme Court of Tennessee made two holdings that are crucial to understand for those lawyers, builders, and other parties involved in construction contracts, particularly, those carried out, in whole or in part,…
In a recent decision, the Tennessee Court of Appeals reversed a trial court’s grant of summary judgment to a defendant drug testing company in a negligence case. The case is worth a blog post because, not only is it interesting, but also, it discusses three issues of law that arise…
A recent breach of contract and overtime pay case which was decided by the Tennessee Court of Appeals, Taylor v. Del-Nat Tire, provides some excellent insight and knowledge as to two legal issues that are prevalent in many employer/employee situations. It also provides insight on one other issue: How a…
A recent Tennessee breach of contract case involving a real estate commission should probably be on the mandatory reading list for all real estate agents and agencies in Tennessee. (Ditto for any lawyer drafting listing agreements for real estate agencies). The pertinent facts of the case are as follows: •…
In Tennessee, adjoining landowners sometimes end up in court in boundary disputes. There are various reasons that boundary line disputes arise, including: imprecise descriptions in deeds; conflicts between descriptions in recorded plats and deeds to owners of subdivision lots; fences that have been in place for years, but that are…