Nashville Blog

• Posted By David Whittaker, Attorney at Law 12-Feb-2020

  We Divorced: Am I a Surviving Spouse?

  If you were married and you eventually divorced your spouse and now he or she has passed away, you may be wondering if you are technically the “surviving spouse” under Tennessee law. If you are a surviving spouse, does that make you ...

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• Posted By David Whittaker, Attorney at Law 27-Jan-2020

  When Can a Renter Break a Lease in Tennessee?

  Although you may have signed a lease for an apartment or rental unit for a specified amount of time, circumstances may arise where you want to get out of your agreement so you can find a better place to live. But are you allowed to break a lease in ...

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• Posted By David Whittaker, Attorney at Law 11-Dec-2019

  What is a Power of Attorney in Tennessee?

  Even though Americans are living longer than ever before, they’re dealing with age-related issues that many of our earlier generations didn’t have to deal with because people didn’t live as long. Nowadays, it’s common for ...

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• Posted By David Whittaker, Attorney at Law 13-Nov-2019

  How Do You Fund a Trust?

  If you’re learning about estate planning, wills, trusts, powers of attorneys, and other such terms have probably come up in your research. You may have read about how some people choose to add a revocable living trust to their estate planning ...

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• Posted By David Whittaker, Attorney at Law 24-Oct-2019

  Why Probate Litigation?

  When a will is probated, the probate court validates the will and appoints an executor or personal representative to administer the decedent’s estate. From there, the probate court oversees the executor or personal representative as they pay ...

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• Posted By David Whittaker, Attorney at Law 16-Sep-2019

  How Do I Make Sure My Stepchild Has Inheritance Rights?

  In the United States, about 50 percent of all first marriages end in divorce, so not surprisingly, second marriages and blended families have become the norm. But does that mean that stepchildren enjoy the same inheritance rights as biological ...

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• Posted By David Whittaker, Attorney at Law 12-Aug-2019

  What to Expect in a 'Move-In-Ready' House

  If you’re buying a home for the first time, you are on what can be described as a “journey,” at least in the beginning. A lot of first-time homebuyers are on a journey of discovery. As they begin looking for that “perfect ...

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• Posted By David Whittaker, Attorney at Law 18-Jul-2019

  Intestate Succession in Tennessee

  When someone dies without a will, the state’s “ intestate succession ” laws go into effect, thereby distributing a decedent’s assets according to state law. But what is “intestate succession” and what does it mean? ...

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• Posted By David Whittaker, Attorney at Law 12-Jun-2019

  4 Common Title Problems

  When it comes to real estate transactions, buyers must be aware that all homes have a history. Title searches can uncover what are called “ title defects,” which can cause serious problems for buyers. So, what are the common title issues ...

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• Posted By David Whittaker, Attorney at Law 15-May-2019

  When is Probate Necessary?

  If you’re not familiar with probate, it is a court-supervised process that may be legally required after someone passes away, especially when the person has assets. Once a probate case is opened, someone, such as the decedent’s surviving ...

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• Posted By David Whittaker, Attorney at Law 8-Apr-2019

  Common Challenges with Home Buying

  Buying a home, especially for the first time can be an exciting experience. Finally, you won’t have a landlord to answer to, you can let your dogs run free in the house without worrying about the consequences, and you can look forward to paying ...

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• Posted By David Whittaker, Attorney at Law 4-Mar-2019

  Why Your Sweetheart Will May Not Be Enough

  At my firm, I meet with a lot of couples who drafted a Last Will & Testament when they were younger. Those wills may have been completely appropriate at the time they were executed, but now they’re outdated. Such wills, commonly referred to ...

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• Posted By David Whittaker, Attorney at Law 12-Feb-2019

  Estate Planning for Singles

  I have written many articles over the years offering advice on estate planning, many of which were seemingly directed toward married individuals, though that was not the intention. Estate planning is just as important to the single individual as it ...

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• Posted By David Whittaker, Attorney at Law 14-Jan-2019

  Why Winter May Be the Best Time to Buy a Fixer-Upper

  Do you have your heart set on buying a fixer-upper in the not too distant future? If so, you may want to pull the trigger during the wintertime! In reality, few people buy homes during the winter. During the cold winter months and the holidays, home ...

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• Posted By David Whittaker, Attorney at Law 3-Dec-2018

  Grandparents Seeking Guardianship in Tennessee

  Are you a grandparent who is seeking legal custody or guardianship of your grandchild? If so, this post is intended to give you a brief overview of what those entail. If you are given legal custody of your grandchild, he or she will live with you and ...

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• Posted By David Whittaker, Attorney at Law 5-Nov-2018

  Creating an Estate Plan When You're Elderly or Ill

  Not everyone runs to an estate planning attorney’s office to draw up their estate planning documents, but everyone should. The problem is it can be hard for some people to think about dying or what will happen to their loved ones after their ...

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• Posted By David Whittaker, Attorney at Law 4-Oct-2018

  FAQs About Probate in Nashville

  When clients come to my firm, a lot of times it’s their first experience with probate. They don’t know much about it and sometimes, they don’t know anything at all. If your loved one died and you were surprised to learn that their ...

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• Posted By David Whittaker, Attorney at Law 5-Sep-2018

  Avoiding Probate with a Revocable Living Trust

  Even if you’re only slightly familiar with “ estate planning,” you’ve almost certainly heard about wills and revocable living trusts. You may not however, understand the differences between a will and a trust or the full ...

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• Posted By David Whittaker, Attorney at Law 8-Aug-2018

  4 Reasons Why Beneficiaries Are Important

  Where you’re standing right now, you probably have a number of accounts with beneficiary designations. But, when was the last time you took a fresh look at those beneficiaries? If you hurriedly scribbled down your spouse or children decades ...

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• Posted By David Whittaker, Attorney at Law 17-Jul-2018

  Admitting a Will to Probate

  In Tennessee, if you are at least eighteen and of sound mind, you can create a will as long as you create the will in accordance with state law. In order for a will to be authenticated, it must be proven to the court that it was created per the ...

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• Posted By David Whittaker, Attorney at Law 13-Jun-2018

  Estate Planning: Not Just for the Wealthy

  A lot of people mistakenly believe that estate planning is only for millionaires and billionaires. The truth is that everyone should have a basic estate plan, regardless of their income or assets. When you have an estate plan, it minimizes the ...

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• Posted By David Whittaker, Attorney at Law 9-May-2018

  What Are My Responsibilities as a Renter?

  Renting is quite different than home ownership because renters are not usually responsible for home repairs. For example, if a roof is leaking, it’s the landlord’s responsibility to repair the leak. Or, if there are tree roots clogging ...

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• Posted By David Whittaker, Attorney at Law 6-Apr-2018

  "What do I bring to my first meeting with the attorney?"

  I get this question all the time. The answer depends on how quickly you are going to want to get filed. Of course, it never hurts to bring everything your attorney will need to get your documents completed. The more documents you have, the better ...

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• Posted By David Whittaker, Attorney at Law 5-Apr-2018

  What is a Deathbed Will?

  When someone is facing imminent death, he or she may decide to draft a will, or tear up their old will and sign a new one – this is often referred to as a “deathbed will.” Unfortunately, when someone is weeks, days, or even hours ...

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• Posted By David Whittaker, Attorney at Law 6-Mar-2018

  Should Digital Assets Be in Your Estate Plan?

  What’s going to happen to your social media accounts when you pass away? Your Facebook? Your LinkedIn? Your Instagram? What about all the songs you downloaded and paid for from Pandora, Amazon Music or iTunes? If you’re like most people, ...

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