Generation Skipping Tax: Should It Stay or Should It Go?

The Generation Skipping Transfer Tax is  one of the more complicated (some might say draconian) features of the estate-planning world.  Not surprisingly, cries to amend it are perennial.  And now, it looks like there may be some movement.   [Read more…]

Drafting a Will? Watch out for Beneficiary Designations Made Prior to Divorce or Annulment

Despite a legislative effort to make changes in beneficiary designations automatic on annulment or divorce, estate planning and divorce attorneys are still tasked with advising clients regarding beneficiary designations.  [Read more…]

Legislative (Non)Update: Legislative Lack of Interest

Pending legislation can often be a harbinger of change, even if it doesn’t pass the first time around.  This legislative session has seen several bills that, while unsuccessful this time, might still be of interest to legislators and lawyers next session… [Read more…]

Legislative Update

The General Assembly is back in session and that means that more than a few items of interest will be considered in the next few months.  Here are some matters under consideration that will impact the legal system and the ability of Tennesseans to have access to justice. [Read more…]

Big Changes to Appellate Procedure in Tennessee

Big changes are coming to Tennessee’s appellate courts in 2017. While news of the move to electronic filing is not new, the recently filed proposed amendments to the Tennessee Rules of Appellate Procedure have some significant changes to make way for the change…. [Read more…]

Legislative Summary: The Long and the Tort of It

Here are a few items of interest to the tort law practitioner stemming from the Tennessee General Assembly’s last session… [Read more…]

Legislative Update: Judicial Selection in Tennessee

Following the adoption by Tennessee voters in 2014 of a constitutional amendment giving the legislature confirmation power over the governor’s judicial appointees, the General Assembly has been tasked with determining how the legislature will exercise this authority.  This issue was not resolved during the 2015 legislative session, which meant that the judges appointed in the interim were automatically deemed approved once sixty days elapsed from the date of appointment.

For the 2016 session, a Conference Committee on Judicial Confirmation was appointed to recommend a plan (SB 1/HB 142).   The Committee met four times and, on January 20, 2016, adopted a report with a proposal to be considered by the full General Assembly.  The Conference Committee’s proposal was adopted, voted upon by the House and Senate, and signed into law by the Governor effective January 28, 2016. [Read more…]