When To Reconsider Your Living Trust

Setting up a living trust should be your initial step on the way to managing your estate wisely, both during your life and after you pass away. Still, your work isn’t quite done here. Numerous life occasions can turn your plans for estate upside down. It’s especially true after your life is over and your living trust won’t amend itself to reflect those modifications.

So below are some reasons you may wish to revise your living trust, and how you can do it.

1. Family Relatives: Life and Death

In some cases, you could intend to include new individuals to your living trust: children, grandchildren, nieces, nephews, etc. And also in various other situations, you may be forced to eliminate people who have deceased from your plan. Births, adoptions, as well as deaths could all impact your estate strategy, so make sure you take into account relevant life changes by modifying your living trust as necessary.

Modifications in your family dynamic could additionally influence your estate plan. Divorce, children turning 18, or even individual relationships with guardians as well as trustees can create a need to review your living trust.

2. Operations With Assets

If you’ve made a considerable acquisition of new assets (like real estate, business interests, or investments) or if you’ve got rid of existing ones with sale or gift, make sure your living trust reflects those adjustments. Maybe you sold the summer house and acquired a yacht; or your were offered a stake in the family business; or finally found the perfect forest cabin to spend time with your kids outdoors — any of these would certainly require an update to a living trust fund.

In addition, any type of significant increases or decreases in the evaluation of your estate must be thought about. Always take into consideration changing your living trust fund prior to taking distributions from an IRA, 401( k), or another qualified plan.

3. Changes In State And Federal Laws

Finally, it’s your obligation to keep an eye and see whether your state has enacted new regulations that might affect your estate planning documents. Additionally, state wills and also probate laws can differ, so if you move to a different state, do not think that the living trust created in your previous state adapts the requirements of your new state.

The most effective means to recognize if and when you have to change a living depend on is to talk to a Tennessee knowledgeable attorney. McKoon, Williams, Atchley & Stanley, PLLC is a firm that specializes in estate planning, probate, tax controversies, and business transactions. We provide comprehensive estate planning, tax planning, business succession planning, charitable planning and wealth transfer services to you and your families.

Overview Of Medicaid Planning In Chattanooga

Medicaid is an essential benefit for numerous people around the United States, specifically when an individual is in critical need for medical expenses to cover residence health care, assisted living services, nursing home stays or other expenditures. However, going by the belief that this protection will certainly be there is a little naive. As with any type of federal government program, you should intend and take the best steps to guarantee you’ve got the coverage you need.

What actions are important to take? Who is eligible for Medicaid, as well as exactly how can you get full benefits you are entitled to? These are thorny questions, especially for single and widowed people. Here’s a total overview of Medicare/Medicaid planning from Chattanooga elder law attorneys at McKoon, Williams, Atchley & Stanley, PLLC, for individuals in such situations, so you could be certain you have the healthcare protection you require.

Overview Of Medicaid Planning

To start with, we would like you to pay attention that application process can be time-consuming and complicated. Therefore, you have to start planning ahead if you want to protect your assets while still having the ability to get your coverage. Unfortunately, there’s a high risk of being rejected when you apply for Medicaid, especially if you’re not familiar with how everything works. One must seek the professional help of a highly qualified Southern Chattanooga attorney to avoid such situations.

Medicaid Exemptions

The very first thing to recognize prior to you look for Medicaid is what exemptions are. Single individuals can keep $2,000 in assets in their own name, which includes the cash value of life insurance policies, investment accounts, financial savings bonds, timeshare ownerships, individual retirement funds, and business interests if any. On top of that, the single applicant could maintain a single vehicle in their name. Lastly, if you have a legitimate intent to return home one day, your home becomes exempt.

Your home exemption is tricky, since lots of Medicaid recipients want to return home. The federal government, nonetheless, will look at the actual possibility of such scenario before exempting your home. Very often if the house is not protected in any other way (for example, in a trust), it is marketed to cover medical costs.

Your Course of Action

This could seem like a long period of time, however a solid course of action for Medicaid is a good five years. This is how far back the strategy will look in terms of your assets. This is crucial not just to be able to pass something to your loved or close ones, but to make sure that you have means to pay for those things that Medicaid does not cover, including long-term treatment and also various other significant medical costs.

Protecting Your Assets

As we have already mentioned, the first step you should take when preparing for Medicaid is to consult with a Chattanooga elder law attorney. With our huge professional experience, attorneys at At McKoon, Williams, Atchley & Stulce, PLLC know many ways to protect your assets. For example, it is possible to protect your assets with an asset protection trust. This is because legally your assets belong to the trust, though you are still able to access them.

Other alternatives to protect assets include personal annuities, promissory notes, caregiver agreements with your relatives, and so much more. Each of these has its own requirements as well as actions to set up. If you are looking to start your Medicaid preparation and also you require more info in the Chattanooga area, contact McKoon, Williams, Atchley & Stulce, PLLC for help today.

My Business Partner Is Suing Me. What Should I Do?

Starting business is always risky and the end result – a successful trade agreement or unsuccessful bankruptcy process – mostly depends on its owners. In some circumstances, business partners fail to find a compromise and for many reasons one can sue another. Potential results from a lawsuit between partners can cause a dissolution of business, holding a partner directly liable for a breach of agreement, or even exclusion of one business owner from the business. Finding the best legal solution in this case depends on many factors, from the type of a lawsuit and partnership to the reasons which led to it. However, business attorneys from Mckoon, Williams, Atchley & Stulce, PLLC recommend to take these three steps upon receiving notice of being sued by another business partner.

My Business Partner Is Suing Me. What Should I Do?

Get in touch with a Lawyer

Because the result of a claim between business partners can be so substantial, it is recommended to talk with an experienced Chattanooga business lawyer who is well-informed about the legal issues Chattanooga area businesses Face. With the help of a lawyer, you could find the best legal options that can be offered in your particular case as well as assistance with preparation to any kind of possible results. Even more, if the lawsuit continues to litigation, then a lawyer will already know all the details and be able to advocate on your behalf in the courtroom.

Check out the Partnership Agreement

No business partnership can work without a partnership agreement which defines the rights and responsibilities of each partner to manage and conduct the business. Moreover, it describes the process and available damages to each partner in case of a legal action. However, not all of these provisions could be valid or enforceable, so it is important to have a lawyer to check out your partnership agreement and determine if it has any legal force. What is more important, our business lawyers at Mckoon, Williams, Atchley & Stulce, PLLC will definitely clarify the lawful terms of the partnership agreement, making certain that each business partner fully understands the provisions of a document and how they effect their rights and responsibilities.

Collect Business Records

Business documents will certainly be essential in any type of claim regarding the company. These consist of financial declarations, regulatory filings, as well as any kind of paper relevant to the lawsuit. Occasionally, during a legal action in between business partners, one of them could restrict access to these vital records. Consequently, it is necessary to retain a duplicate of your company records whenever possible. Furthermore, Mckoon, Williams, Atchley & Stulce, PLLC  will require as much details as possible to be able to provide detailed advice on how best to proceed in a lawsuit.

Because a legal action by a business partner could have serious, far-ranging consequences for you and also your business, it is necessary for you to connect to a legal representative that could ensure your lawful rights are protected. McKoon, Williams, Atchley & Stulce, PLLC offers the knowledge, skill, and experience needed to help clients navigate the legal complexities inherent in Chattanooga business law matters, large and small. If you are looking for a lawyer, schedule a consultation. (Please do not include any confidential information in your inquiry.)

Tennessee Law: Crimes Involving Weapons

Using a weapon during the commission of any kind of crime makes the potential penalty for that offense dramatically harsher. In Tennessee these offenses are described as dangerous offenses.

A dangerous offense is defined by law as one that involves the usage or threatening exhibition of a fatal weapon if there is deliberate or recognizing infliction of a significant physical injury on another individual. A dangerous instrument can be anything that is utilized or threatened to be made use of that is readily capable of triggering fatality or significant physical injury. In some circumstances, this might be even a cushion. A deadly weapon is anything created for lawful use including a firearm. Dangerousness is an additional aspect that makes a normal felony offense worse.

The reason the dangerous offenses are so major is due to the fact that dangerous offenses carry their own sentencing structure. That suggests that a person who has not previously been convicted of a felony offense, who would usually be qualified for probation in most situations, would be called for to be sentenced to a prison sentence if convicted. To put it simply, even if it is the very first time a person is involved in a crime, using a gun can lead to a jail sentence.

Sentencing Structure

Dangerous offenses, like various other felony offenses, are identified depending upon the type as well as severity of the underlying felony offense committed. One of the most major dangerous offense, beyond murder, is a class to dangerous felony offense. The least serious dangerous offense is a class 6 felony, and also other offenses can fall anywhere in the middle. Each of these offenses carries with it mandatory prison sentences with the course 2 felony resulting in a much longer sentence than a class six felony. For instance, someone founded guilty of a class to dangerous felony offense would certainly be forced to spend in between 7 as well as 21 years behind bars with the presumptive or starting point being 10.5 years. In contrast, a person founded guilty of the same class 2 felony, without the dangerousness enhancement would certainly encounter a jail sentence range of 3 years to 12 years with a presumptive or starting point of five years in prison.

Dangerous felony offenses are extremely serious. They are considered to be among the worst of the worst offenses that a person could be charged with. Consequently it is incredibly crucial that you speak to a certified, experienced criminal defense attorney if you have actually been accuseded of a dangerous felony offense. Is very important to start working on these sorts of cases from the very beginning starting  to minimize the prospective risks an individual faces.

If you or somebody you know has been charged with a dangerous felony offense in Chattanooga or Tennessee area, please do not be hesitate to contact McKoon, Williams, Atchley & Stanley, PLLC. Our Chattanooga criminal defense attorneys are ready to step in at any point of the criminal process, from right after your arrest or when bail is posted to your arraignment or trial.  Discuss your rights with a criminal defense attorney and ensure that you receive the best possible outcome that you can in your case.

Tips To Avoid Contractor Disputes

Contractor disputes are amongst the worse possible problems that may occur through building projects as well as programs between parties. Understanding the best ways to reduce the damage as well as decrease the issues between both firm or individual and the contractor is important in maintaining the project progressing until the final arrangements.

One of the primary factors when hiring a specialist is the job contract. If the owner or firm and also the contracting owner or company has the ability to discuss a legal contract between them, they may have set goals and obligations. By keeping to the tasks within the agreement, it is much easier for both parties to make certain the job proceeds with minimal disputes. There are various other means to reduce the damage that disputes could cause and prevent problem that might lead to lawsuits.

Deviations from the Project

The first tip to avoid contractor disputes which are typically caused by construction delays is avoiding deviations from the initial plan. Very often some new tasks or requirements are added in the middle of the project. Such alterations to the initial construction plan may extend completion day, cause issues, postpone the current work as well as raise costs considerably. In numerous constructions, the professional does not receive extra payment unless the contract mentions it. Nonetheless, deviations might also trigger legal problems. Preventing adding any type of new tasks reduce the problem between the involved parties.

Lack Of Understanding

Unfortunately, this is the most common and worst reason why the construction projects end up with contractor disputes. This could happen within the agreement both sign or through modifications that become necessary. The delays might start with a modification that the owner wants, yet if the change is very important to keep the project progressing, the contractor would be forced to give up fighting over the issue. If other parties are involved into the project (for example, other subcontractors or contractors), this can result in greater misunderstanding of what is top priority for the project and owner.

Lacking an understanding of certain matters should increase communication to remove a possible dispute between the parties. The best method to eliminate a lack of understanding is to have an open dialogue concerning the potential issues and keeping track on what is happening with the project.

The Importance of Risk Assessment

To minimize conflicts between the contractor and the owner, interaction is vital. The risks of the project often lead to delays or even end of the project.  To prevent this as well as other problems, the two parties should assess the potential risks the work will have as well as any kind of dangers that might boost disagreements with the contractor or the owner. The importance of risk assessment of the project, materials, information, the range of tasks and other matters is terrific. Without appropriately assessing these issues, disputes can wreck the project and cause legal issues.

Through analyzing the risks in a break down in exchanges of information, the professional and owner might stay clear of possibly fatal issues. The conflict over payment, schedules, excusable and inexcusable delays and resources may have a remedy if both are open to a peaceful discussion. It is important to optimize each factor and aspect of the contract and project process at every stage of the job.

Legal Assistance with Contractor Disputes

Whether you are a general contractor, subcontractor, vendor, supplier, owner or developer, a construction law attorney from McKoon, Williams, Atchley & Stanley, PLLC will assist you in effectively and efficiently resolving your disputes. Even if legal action is not necessary, the lawyer may have details or advice on how to ensure the project progresses and disputes with the contractor will have a resolution. Contact us, if you face any issues with the construction law. 


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