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Most Recent Question

Q: What is a Residential Disclosure Statement?
A: Owners of residential property who are offering their property for sale are required by law to provide prospective buyers with a Residential Property Disclosure Statement. In most cases, your realtor will assist you in completing this form prior to listing your home for slae. This disclosure statement asks a series of questions regarding the condition of your home. You as an owner are requierd† by law to answer these questions truthfully to the best of your knowledge and to disclose all known defects in the property. If you are in doubt as to whether or not you should disclose a defect or a problem you have experienced with your home, it is in most cases best to err on the side of caution and make the disclosure. There are some instances in which some owners may be exempt from providing this disclosure statement, so you should consult with a licensed realtor or attorney first.

Business Law & Company Formation

Q: Is a sole proprietor protected from the liabilities of the business?
A: A sole proprietorship is nothing more than an alter ego of the business owner and not a separate legal entity; therefore, the sole proprietorship does not protect the owner from the debts and obligations of the business. If limiting your individual liability is a major concern, you should consult with a CPA and attorney about setting up an LLC or corporation for your business.

Criminal Law

Q: Am I liable for the wrongful acts of my minor child?
A: Maybe. Tennessee law provides that a parent is not necessarily liable for the wrongful acts of his/her child merely because of the parent/child relationship. However, a court may determine a parent to be liable for a child’s behavior if the parent fails to exercise reasonable restraint upon the minor child with a known propensity to commit a wrongful act. Furthermore, a parent may also be held liable for damages a minor child causes in an automobile accident if the parent signed the child’s driver’s license application or if the child was furnished the automobile for the general use and pleasure of the family. Other circumstances may also lead to parental liability; as such, it is generally prudent to speak with an attorney regarding the particular facts of your situation.

Employment Laws

Q: What makes someone an independent contractor as opposed to an employee?
A: An independent contractor is generally answerable only as to the results of the work and not as to how the work is to be performed. In other words, if the one who performs the work has the right to control the method and manner in which the work is done, then that person is generally an independent contractor. The following are some other factors to be considered: whether the individual furnishes his own helpers; whether the individual furnishes his own tools; the self-scheduling of hours; being free to render services to others; the length of time for which the person is employed and whether the work is part of the regular business of the employer.

A person who employs an independent contractor ordinarily is not legally responsible to others for the acts or omissions of the independent contractor.

Family Law

Q: Does signing a birth certificate establish me as the father of my child?
A: No. If a child is born to an unmarried couple, a petition must be filed in court to establish the man as the father. The birth certificate is only evidence that the named father might be the biological father.

Either parent has the right to require DNA testing to determine paternity. They also have the right to agree on parentage and waive DNA testing. Once parentage is established through either DNA testing or sworn acknowledgment in court, both parents are then required to cooperate in visitation and support of the child.

The court will establish an appropriate parenting plan and child support obligation. It is never a good idea to delay in the filing of a parentage action because the court can assess an arrearage for child support that was not paid beginning from the child’s birth.

Personal Injury

Q: I was injured while using a product that I recently purchased. Do I have any recourse?
A: This often depends on the product and how the product was being used. Normally, a manufacturer of a product is strictly liable for injuries and/or property damage if the product was defective or unreasonably dangerous at the time it left the manufacturer’s control. However if the product was substantially changed by the consumer, improperly maintained by the consumer, or the injuries occurred from a misuse of the product, it is unlikely that the manufacturer is responsible for any damages. In certain situations, the seller may also be held liable for damages caused by a product sold. Product liability issues can vary widely depending on the particular circumstances of your case, so you should speak with a lawyer concerning your situation.

Real Estate

Q: What is the difference between a Warranty Deed and a Quitclaim Deed?
A: Deeds are documents used to effectuate the transfer of real property from one or more individuals or entities to another. Although deeds can come in many variations, two of the most common deeds are the Warranty Deed and the Quitclaim Deed.† When you convey real property through the use of a Warranty Deed you are providing the buyer with a number of warranties – in a nutshell, you are assuring the buyer that you hold good title in the property, free and clear of encumbrances.† Quitclaim Deeds, on the other hand, provide no warranties or assurances as to the seller’s ownership of the property. In most instances, when you purchase property, you will receive a Warranty Deed; however, there are some situations where a Quitclaim Deed is more appropriate (for example, when you are receiving real property as a gift or through a marital dissolution agreement). Of course, you should always consult with an attorney to determine the type of deed that is needed for your specific situation.

Wills / Estates / Trusts & Probate

Q: My father was recently diagnosed with Alzheimer’s Disease and is unable to make decisions and care for himself. What can I do to help him?
A: If you are lucky, your father named you as his attorney-in-fact prior to his disability. This can be done by a document called a Power of Attorney. Unfortunately, however, this is not always the case. If you were not designated as your father’s attorney-in-fact while he was able to make such a decision, your only other option may be to petition the Probate Court of the county in which your father resides to be named as his conservator. A Conservatorship is essentially a guardianship for adults and will allow you to make financial and/or medical decisions on your father’s behalf. For his protection, the court will require medical opinions, a detailed list of your father’s assets, and may require that a guardian-ad-litem be appointed to help protect your father’s interests. In order to insure that the proper procedures are followed and to insure that a conservatorship is proper in this situation, it is important that you contact an attorney.