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Most Recent Question

Q: What is the difference between a Lease-Option and a Lease-Purchase?
A: A Lease-Option is a lease agreement that contains an option for the tenant to purchase the leased property from the landlord within a particular time period during the lease term. This is only an option and is not mandatory. If the tenant elects to exercise the option to purchase, then the parties enter into a purchase agreement. A Lease-Purchase, on the other hand, is a purchase agreement whereby the purchaser is agreeing at the onset of the lease term to purchase the property upon the expiration of said lease term.

Business Law & Company Formation

Q: Do I need to incorporate my business?
A: Incorporating or forming a limited liability company for your business is generally a good way to protect your personal assets from lawsuits involving your business. Before jumping to any quick decision, however, you should consult an attorney and a CPA for advice on the type of entity to form and what the tax consequences may be.

Criminal Law

Q: Am I required to have car insurance? If so, what amount of car insurance does the State require?
A: Tennessee law requires its drivers to show proof of financial responsibility (i.e. the ability to cover resulting costs, if you are involved in a moving violation or accident). Most often, proof of financial responsibility comes in the form of automobile insurance. The law requires minimum liability coverage in the following amounts:

$25,000 bodily injury per person

$50,000 bodily injury per accident

$10,000 property damage

Please keep in mind that failure to provide proof of financial responsibility may result in criminal charges as well as the loss of your license.

Employment Laws

Q: As an employer, am I required to give maternity leave to an employee?
A: Maybe. If your employee has worked as a full-time employee for at least twelve (12) consecutive months, the employee may be entitled to maternity leave. This maternity leave is typically unpaid and should not exceed four (4) months for pregnancy, child birth and nursing the infant. Normally, your employee is required to give three (3) months notice of her anticipated date of departure, her length of absence and her intent to return to full-time employment. Furthermore, certain employers may be exempt from the requirements of this law based on the job type or the number of employees employed (varies based on state and federal law) so you should speak with your attorney concerning your particular situation.

Family Law

Q: How long are you typically required to pay child support?
A: Under Tennessee law, a parent typically pays support until the latter of either (1) the child turns 18 years old or (2) the child graduates from high school (or his/her class graduates from high school). This timeframe can vary, however, due to the particular child's special needs, disabilities and/or emancipation. Child support issues vary widely depending on the particular circumstances of each case, so you should speak with a lawyer concerning your situation.

Personal Injury

Q: How long do I have to file suit for injuries I received in an automobile accident?
A: It depends on where the accident occurred. In Tennessee, you have one (1) year from the date of the accident. That period of time is referred to as the Statute of Limitations and may vary depending on the type of claim you are making. The best advice is to consult with an attorney as soon as possible following the accident. Letting the Statute of Limitations lapse will prevent you from recovering on your claim.

Real Estate

Q: I have rental property in Rutherford County and my tenant stopped paying rent. What can I do?
A: If your tenant is in breach of the lease agreement due to non-payment of rent, you have the right to regain possession of the property and sue for the past due rent; however, there is a specific legal process that you must follow. You must first provide notice to the tenant of his or her non-payment. If the lease was entered into prior to October 1, 2008, you must follow the notice requirements set forth in the lease (if any). If the lease was entered into after October 1, 2008, you must follow the specific notice requirements set forth in the Tennessee Uniform Residential Landlord and Tenant Act (URLTA). Once these notice requirements are satisfied as set forth in the lease or according to URLTA (whichever may apply), you may proceed with filing suit to regain possession of the property and recover any damages. To insure that you are following the proper procedures, it is recommended that you consult with your attorney.

Wills / Estates / Trusts & Probate

Q: My mother just passed away and I was named the Executor of her Will, what do I do?
A: It is important that you contact an attorney to discuss the necessity and the process of probating your mother's Will. In Tennessee, probate must be initiated in the county in which your mother was living at the time of her death.  Probating your mother's Will may be important for many reasons, two of which may be: (1) Probate, in most cases, reduces the claims period for creditors from one (1) year to four (4) months; and (2) It provides you with the opportunity to be appointed the Executor of your mother's Will by the Probate Court, thereby providing you with the powers necessary to gather and distribute and/or sell her assets according to her wishes as reflected in the Will. There are some circumstances in which probating the Will may be unnecessary, so you should consult with your attorney to discuss your options.