Probate and Trust Bill Headed for Haslam’s Desk

Update: Read Public Chapter No. 290 here.

SA0426 which revises a number of areas of the Wills, Trusts and Probate statutes has cleared the Tennessee Senate and is headed to the Governor’s desk.  This bill updates law in the following areas:

Death Tax: Repeal or Replace?

grim-reaper4There is much discussion these days about income tax reform.  The tax code has historically been completely reformed about every thirty years and the last reform was about thirty years ago.

There has also been significant speculation as to whether the Federal Estate (a/k/a the Death Tax) is on the chopping block.  Will repeal happen?  When will repeal happen?

Given the dysfunction that is Washington these days, all anyone can do is speculate.  So let me speculate…

Replace?  The short version is that Donald Trump Continue reading Death Tax: Repeal or Replace?

Rising Star

I normally do not like to brag, but. . .

I have been selected to the 2014 Mid-South Rising Stars list! This is an exclusive list, recognizing no more than 2.5 percent of attorneys in Tennessee. Super Lawyers, a Thomson Reuters business, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

If I don’t tell you this, you might not hear it. . . Not to mention, I have to justify the money I spent on this paperweight somehow. . .

Stay Tuned. . .

Rob Malin

This just in! Tennessee Tenancy by the Entirety Joint Revocable Trust

Codified as Public Chapter 829 and signed by Governor Haslam into law on April 29, 2014, a new form of joint trust is available for transfers to trusts on or after July 1, 2014.  Although the trust is not named by the statute, the trust substantially resembles the common law form of property known as tenancy by the entirety.  Some practitioners have appropriately referred to this trust as the “marital asset protection trust.”  I previously discussed this subject here and here, albeit briefly.

This statute has been codified as T.C.A. § 35-15-510.

Common law tenancy by the entirety.  Before I get into the finer points of the TE Trust, a refresher on how tenancy by the entirety works in general (and its benefits) is appropriate.  Continue reading This just in! Tennessee Tenancy by the Entirety Joint Revocable Trust

Shelby County: Go Vote! (But PLEASE be informed!) Non-Partisan Election Information.

The election is on August 7th, but early voting in Shelby County began July 18 at the Election Commission, 157 Poplar.  Early voting continues through August 2.

The satellite early vote locations opened Monday, July 21.  Monday through Friday hours are 10:00 a.m. to 7:00 p.m.  Saturday hours are 10:00 a.m. to 4:00 p.m.  Click here to find a convenient early voting location.

Click on the link below to review a sample ballot:

Shelby County August 2014 Sample Ballot.

The ballot is lengthy.  Please vote, but please do not vote uninformed.

If you are wondering who to vote for in the judicial elections, the best source for the qualifications of judicial candidates is the Memphis Bar Association Judicial Qualification Poll which is an anonymous poll of local attorneys:

2014 Memphis Bar Association Judicial Qualification Poll.

Additional Election information:

Districting maps for Shelby county (county commission, state legislators, school board and etc.):

Who is your US Representative?

Stay Tuned.

Rob Malin

Protecting your family from life.

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