By Nathan Vinson, Attorney
English, Lucas, Priest and Owsley, LLP
It’s a generous time of year.
There are donations making their way to non-profits, and checks being written in lieu of gifts to family members. If you prefer to give money rather than gifts to children, grandchildren or others on your list, there are a few things you need to know before you write that check.
We’ll address just giving to your children in this blog post; we’ll address giving to charities in part two later this month.
The main point: your gift can trigger your obligation to file a gift tax return if you aren’t careful. We’ll walk you through who you can give to, how you can give and how much you can give. Here’s the official information from the IRS. Read More
How much do you know about your insurance coverage? For instance, if you have two cars insured under separate uninsured/underinsured motorist policies, do you assume that you are covered under both policies for an accident in either vehicle? Or do you know that there may be an insurance exclusion that applies?
This issue was the subject of a recent Kentucky Supreme Court case in which the justices strongly disagreed about whether an "average American" could understand certain exclusions in two insurance policies issued to a man who was later hurt by an underinsured driver. Read More
When it comes to claims arising from an 18-wheeler accident, an injured person is often wise to "cast a large net" and name as many defendants as possible. This is because insurance coverage issues and policy limits can restrict the ultimate recovery from a particular defendant, but, if several defendants are named, it is more likely that the plaintiff will be fully compensated for his or her medical expenses, lost wages, and pain and suffering.
Of course, the defendants named in a tractor-trailer wreck case may have a viable defense, and they have a right to seek the dismissal of the case against them on procedural grounds. In such cases, it is up to the courts to decide who stays and who goes. Read More
By Nathan Vinson, Attorney
English, Lucas, Priest and Owsley
Owning a business is the American dream for many. It’s building something from your own hands that you’ve shaped and created. It’s long hours, and a labor of love – but in the end – it’s yours. And that’s a fantastic feeling if you’ve got an entrepreneurial streak.
But that feeling of ownership is what keeps a lot of business owners from planning for the future. It’s hard to envision a time when your business will go on without you. Your failure to plan for that inevitability is your biggest vulnerability as an entrepreneur, and can rob you of the equity you’ve built over the years of business ownership.
The best succession plan is one that you make before you need it. It’s on the shelf, ready to go, should something happen to you or other key business owners or managers. It is also a living plan, though, that you should review at least annually and update as needed, just as you would with any other estate documents such as a will or trust.
Even if you don’t see yourself ever leaving your business, creating a plan is a good exercise in thinking about the strategy and purpose of your business, your role in it and the importance of having key people to help you execute your vision. You may find this article from the Small Business Administration on how to exit your business helpful. Read More
Some of the first concepts that law students are taught involve identifying the potential parties to a lawsuit and the appropriate court to file their claim. For instance, in order to seek relief in a court of law, a potential plaintiff must have standing. This means that the party has a sufficient connection to the issue to support that person's participation in the legal proceedings at issue.
It's a simple enough idea. But what happens when a plaintiff dies before the matter is resolved? Tennessee Rules of Civil Procedure 25.01 states that, unless the claim is extinguished by the plaintiff's death, another interested party (such as the successor or representative of the plaintiff) may file a motion to be substituted as the plaintiff.
A Tennessee appellate court recently had an occasion to review a trial court's decision regarding this issue in a motor vehicle collision case. Read More
Kyle Roby speaks at the recent Kentucky Paralegal Association conference in Bowling Green, Ky. Three attorneys from ELPO spoke at the recent… Read More
