Blog

Tuesday, 26 December 2017
clear

Pamela chose Room In The Inn - To learn more and donate visit www.roomintheinn.org

clear
Posted on 12/26/2017 1:30 PM by Pamela Matheney
Monday, 25 December 2017
clear

To learn more and donate, please visit www.stjude.org 

clear
Posted on 12/25/2017 6:50 PM by James Betts
Sunday, 24 December 2017
clear

This is a place of refuge for women and children during hard times and unfavorable domestic situations. They provide warmth, food and a caring environment.

To Learn More and Donate, visit www.brookshouse.org

clear
Posted on 12/24/2017 2:30 PM by Connie Carden
Saturday, 23 December 2017
clear

I would like to share with the community the Brooks House in Lebanon, Tennessee.

Brooks House opened in 2008 as a transitional, non-emergency shelter to help families in need. BH has the capacity to house up to 28 women and children to receive temporary shelter. Some of the services BH provides are:

  • Educational Services
  • Career Advancement & Employment Services
  • Medical Services
  • Dental Services
  • Financial Counseling
  • Legal Counseling
  • Spiritual Support & Counseling
  • Substance Abuse Counseling

Brooks House residents also have the opportunity to participate in various community activities provided by businesses and churches in the area.

Please visit their website at www.brookshouse.org

clear
Posted on 12/23/2017 4:54 PM by Daphne Jones
Friday, 22 December 2017
clear

What better gift can you give at CHRISTmas time than the gift of God's Word?  A Bible can give you the gift of love, hope, comfort, and redemption. We celebrate Christmas because of the birth Jesus Christ, so let's share this gift with the world. This year I pick Gideon's International Bible, who personally distribute the Bible all over the world, sharing the unconditional love of Jesus Christ with everyone. Big or small, rich or poor, this gift belongs to us all.

TO LEARN MORE AND DONATE VISIT www.gideons.org

 

clear
Posted on 12/22/2017 12:05 PM by Sarah Alsup
Thursday, 21 December 2017
clear

It is a Christian youth camp to help empower youth with all the things they face in life such as bullying and they are focused on suicide prevention as well. The website is https://www.wearecampfire.org.

- Sherri McDonald

 

 

clear
Posted on 12/21/2017 3:01 PM by Sherri McDonald
Wednesday, 20 December 2017
clear

Pancan is close to my heart because I have seen what Pancreatic Cancer can do to a family. Pancreatic Cancer has one of the lowest survival rates and receives the least amount of awareness. My family has been impacted by this horrible disease and I want to see more research and better medical assistance for families in the future. #WAGEHOPE

TO LEARN MORE AND DONATE GO TO PANCAN.ORG

clear
Posted on 12/20/2017 4:07 PM by Danielle Imbaratto
Tuesday, 19 December 2017
clear

The reason why this charity is near and dear to my heart is that growing up in the Memphis area, I saw firsthand the importance of the work that this organization accomplishes. They are pioneering new ways to combat childhood cancer and other awful pediatric diseases. Because of their work, terminal rates in children afflicted with these awful diseases has fallen dramatically. 

Also, because St Jude's realizes the impact that pediatric cancer has on not only the child but their family as well,  St Jude's does not accept one dime of payment to treat the child and house their family for sometimes months at a time. 

Best, Hunter 

To learn more and donate, please visit www.stjude.org 

clear
Posted on 12/19/2017 3:32 PM by Hunter Thrasher
Monday, 18 December 2017
clear

Charity Starts at home. Charity is helping those more unfortunate than us. Throughout our lives, we often stumble upon charity organizations and underprivileged people. But what, really is charity?

I realized, for the first time I truly realized that all men, women, and children are loved by God more than we can possibly imagine and His love never changes and never falters. Charity is the beauty that lies within. Charity is the attribute we have each been asked to cultivate within ourselves. Charity is the unconditional love of God.

Sherry's Run is an organization to help benefit those affected by cancer. This organization started when Sherry was diagnosed with Cancer. In spite of valiant efforts and a positive outlook, Sherry Whitaker lost her battle on May 12, 2004.

The reason why I hold cancer charities close to my heart is because I've lost my grandmother to leukemia a few years back. Life hasn't been the same for me ever since.  

So run! Run for all those who need our support to keep fighting. I’ll run in the memory of my grandmother and all those who are hurting. Who will you run for?

- Sharon Liberti 

Learn More and Donate Here: Sherry's Run
clear
Posted on 12/18/2017 2:16 PM by Sharon Liberti
Saturday, 16 December 2017
clear

Beyond The Horizon is a camp in Tennessee for children who have or have had cancer.  There is also a week that siblings of cancer patients get to come to the camp.  The camp is free for all campers.

To learn more or donate, go to Camp Horizon

clear
Posted on 12/16/2017 1:49 PM by John Tressler
Friday, 15 December 2017
clear

"I believe homeownership is valuable to individuals and communities.  Habitat for Humanity brings people in the community together to provide a home for those in need, building relationships, skills, and values as well as houses. "

To Learn More and Donate to this cause - Habitat For Humanity

clear
Posted on 12/15/2017 2:20 PM by Frank Roberts
Thursday, 14 December 2017
clear

One of the most rewarding aspects of the work we do at Tressler and Associates is the opportunity to learn about and work with individuals, businesses and organizations right here in our community.
 
One that is near and dear to my heart is Empower Me Center. Many know about the incredible day camp Empower Me offers individuals and families of those with special needs each summer, but that is just the beginning of the services they provide. I encourage anyone who reads this to visit their website and learn about the "DREAM" of Empower Me: D- day camp, R- recreational, E- educational, A- adult, M- multi-living and join me in supporting the work they do.

As we celebrate this season of giving, I cannot think of a more giving group of people and an organization that better demonstrates what that means than Empower Me.

To Learn More and Donate to this cause - Click Here - Empower Me Center

clear
Posted on 12/14/2017 5:56 PM by Todd Tressler
Thursday, 14 December 2017
clear

The holiday countdown has begun and the season of giving is upon us! We will be continuing our annual tradition of giving back with our campaign: 12 Days of Giving 2017!

It has been another wonderful year for the Tressler & Associates team. We feel blessed beyond measure and we are extremely grateful for our friends, families, and clients who have made our success possible. We are donating to several organizations that our team members hold near and dear to their hearts. Each day a member of our team will share the organization they have selected as a recipient of our "12 Days of Giving" along with their reason why. It is our hope, that along with these donations, we can bring more awareness to these organizations that help make our communities merry and bright throughout the year.

If you would like to join us in donating to any of these worthy causes there will be links to each post. Please feel free to share these posts with your friends, family, and colleagues to help spread the word.

clear
Posted on 12/14/2017 1:50 PM by Todd Tressler
Wednesday, 10 May 2017
clear

In my prior two blogs I discussed the witness requirements in Tennessee for a traditional, typed out will, and a nuncupative will.   Now, let us turn our attention to holographic wills.   

Holographic wills are wills that are handwritten.  Tennessee does recognize holographic wills that meet the statutory requirements (not all states recognize them).  The statute governing the requirements for a holographic will in Tennessee is very short.  T.C.A. § 32-1-105 states the following: “No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator’s handwriting must be provided by two (2) witnesses.”  In sum, to have a valid holographic will, the testator must sign the will and all material provisions must be in the handwriting of the testator.  When the will is probated, the probate attorney will then have to obtain the sworn statement of two witnesses who can verify that the handwriting is that of the testator.  There are two areas where I often see an attempt at a holographic will fail to meet the statutory requirements.  First, all material provisions are not in the handwriting of the testator.  This happens a lot with “fill in the blank” type of wills.  If most of the will is in the testator’s handwriting but a certain material provision is typed, that is not a valid holographic will.  Second, the testator didn’t sign the will.  Family members will sometimes bring in a handwritten list that their loved one had made stating things like, “I leave my diamond ring to my daughter,” but unless that list is signed it has no chance of being a holographic will.

Based on this blog and the previous two, you can probably see it is not a good idea to try to distribute your assets without the aid of an attorney.  I am truly saddened for the family when I see an attempt at a will that is simply not valid in Tennessee.  In those situations, the way that the property must be passed under Tennessee law is often obviously not how the deceased person wished it be distributed.   

We would love to have a commitment-free conversation with you to discuss how we might be able to serve you in our estate planning practice.  Whether you could benefit from a simple Will, powers of attorney, or some type of trust, we are here to walk you through the process.

Contact Us

Planning Your Estate can help prevent future difficulties for your family. To Read More about our Estate Planning Services - Click Here

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

 

 

 

  

 

Erika Piland, Attorney at Law

clear
Posted on 05/10/2017 10:56 AM by Erika Piland
Friday, 14 April 2017
clear

On Saturday, April 29th, 2017 we will be throwing our 5th Annual Crawfish Boil and we would love to have you join us! Our yearly cajun affair is an event that allows us to say THANK YOU to our clients, partners and friends! We'd like to show our appreciation for all of your business and support over that past 7+ years that has contributed to our success!


When: Saturday April 29th - Rain or Shine! (We have tents.)
What Time: 2:00pm - 6:00pm
Where: Our Lebanon Office - Click Here for Directions
Food: Crawfish, Cajun Food and BBQ
Beverages: We will have Sweet Tea & Beer

We have live music from The Roadhouse Roosters for your enjoyment, activities for the kiddos and a hefty helping of merriment!
 
As they say down in Cajun Land - "laissez les bons temps rouler!" - LET THE GOOD TIMES ROLL! We can't wait to see you!

LET US KNOW IF YOU ARE COMING SO WE CAN PLAN ACCORDINGLY! Eventbrite - Tressler Crawfish Boil & BBQ


 

Questions?
If you have any questions at all please let us know. Call 615-444-2345 or Email Us: event@tresslerassociates.com

 

clear
Posted on 04/14/2017 9:37 AM by Todd Tressler
Tuesday, 11 April 2017
clear

In my prior blog I discussed the witness requirements in Tennessee for a traditional, typed out will.  In this blog and the following I will discuss the requirements for nuncupative and holographic wills. 

Let’s start by discussing nuncupative wills.  A nuncupative will is an oral will that is made by someone in “imminent peril of death” and “shall be valid only if the testator died as a result of the impending peril.”  (See T.C.A. § 32-1-106.) Now, I know what you’re thinking: “Oral wills are valid?”  Yes, but not for much.  T.C.A. § 32-1-106 explains that it is only valid if 1) the testator makes the declaration before two disinterested witnesses, 2) the wishes are reduced to writing under the direction of one of the witnesses within thirty days of declaration, and 3) the will is “submitted for probate within six months after the death of the testator.”  However, even if all of these requirements are met, a nuncupative will is only valid to dispense of personal property and only valid for personal property not exceeding one thousand dollars in the aggregate.  The only exception to this is when the dollar amount is increased to ten thousand dollars if used by a person in active military service in a time of war.

As you can guess, it is not a good idea to count on using oral statements to distribute your assets.  Usually, they are invalid and your estate would pass according to Tennessee’s laws of intestacy (the laws the apply when someone dies without a will).  Nuncupative wills rarely make it through the probate process and if they do, they usually distribute only a small portion of a person’s estate.  Plan ahead and have one of our attorneys discuss your estate planning wishes so that we can put them in a binding, legal document and secure your peace of mind about the future.


Contact Us

Planning Your Estate can help prevent future difficulties for your family. To Read More about our Estate Planning Services - Click Here

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

 

 

 

   Erika Piland, Attorney at Law


 

clear
Posted on 04/11/2017 12:10 PM by Erika Piland
Tuesday, 21 March 2017
clear

One of the main issues that I see with a Last Will and Testament that was created online or not executed in front of an attorney is that the witness requirements of Tennessee law are not met.  In Tennessee, if those requirements are not met the will is not valid.  You have worked to create a meaningless document and if you were to pass away before fixing this, your estate would fall under the laws of intestacy (the laws that apply when someone dies without a Will).  This is definitely something I want you to avoid.

So what are those requirements?  T.C.A. § 32-1-104 provides that a will, other than a holographic or nuncupative will, must be signed by the testator (the person making the will) and two witnesses.  There are specific requirements within the code spelling out what the testator must signify to the witnesses in this process.   T.C.A. § 32-1-103 further clarifies that the witnesses cannot be “interested” persons, meaning they must not have any interest in the testator’s estate.  Also, not only must the witnesses and testator sign the will, they must all do so in the presence of each other.  Tennessee requires strict compliance with these rules.  If any part is not met, the will is invalid.

The Tennessee legislature recently amended the witness laws to allow signatures on a specific type of affidavit that is often attached to the will to count as the witness signature requirement.  However, this is a very minor exception because the following must be true about that particular will and affidavit: 1) the affidavit meets the requirements of T.C.A. § 32-2-110, 2) the affidavit also meets the witness requirements listed in the previous paragraph, and 3) the will was executed prior to July 1, 2016.  As you can tell, this minor exception will not apply to most wills and will definitely not apply to any new wills being created.

It is important to remember that these requirements apply only to traditional, type written wills.  Stay tuned for my next couple of blog post where I will discuss all of the requirements involved for a nuncupative or holographic will to be valid.

The last thing anyone wants is to believe that an estate plan is secure, when in fact the will you’ve created is invalid due to a technical detail.  Should Tressler & Associates, PLLC, have the opportunity to prepare your will, we take care to ensure that all witness requirements are met and even provide the witnesses for you at the signing.  

Contact Us

Planning Your Estate can help prevent future difficulties for your family. To Read More about our Estate Planning Services - Click Here

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

 

clear
Posted on 03/21/2017 2:51 PM by Erika Piland
Tuesday, 28 February 2017
clear

I have seen many situations where a real estate contract is signed and then we soon discover that the person who signed the contract to sell the real estate is not the same person who is listed in public records as holding title.  Once we begin asking questions, we soon find out that the title holder has passed away and this person was a spouse, child, or executor who signed the contract. 

Where do we go from there? Well, let me answer that with the most stereotypical lawyer answer: it depends.  Although a stereotype, this answer apples to this situation incredibly well because there are many factors that will play into the process of closing on that contract.  For example, here are a few questions we would ask the seller:

  • Did the decedent have a Will?
  • If not, who were the decedent’s heirs? Have any heirs predeceased the decedent?
  • Was the decedent fifty-five years of age or older?
  • Was the decedent married?
  • Have any probate proceedings been started?

The list goes on.  However, the good news is, once we can get these answers, we will be able to come up with a comprehensive plan for you to be able to close as soon as possible within the constraints of your contract.  You will want someone who has handled many of these transactions to be advising you on this important sale.
Let us take the worry and stress out of selling the home of a loved one who has passed away.  Whether you have a signed contract on the real estate or not, contact us to walk you through the process that would apply to your specific scenario.

Contact Us

Planning Your Estate can help prevent future difficulties for your family. To Read More about our Estate Planning Services - Click Here

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

 

clear
Posted on 02/28/2017 1:08 PM by Erika Piland
Thursday, 16 February 2017
clear
I recently saw this post on Facebook and I wanted to share it. This is something as attorneys we see too often and I thought it a worthwhile reminder...

"I cannot stress enough, how important it is to have the conversation with your family about your final wishes. Have a will in place, organize your financial documents for your loved ones, write down simple wishes such as items to be given to specific members of the family or just details of your funeral wishes. As times, situations change, keep these documents updated. It's such an extremely stressful time for everyone and even more so when some of these items are left unsaid. It's very hard to take emotions out of the situation when there are so many emotional details to attend to after someone's passing. This has been the hardest past two weeks of my life; last night and today just topped it off... but I'm sure there are more to come. I'll get through them one step at a time.

Please, I beg you; friends and family - have that difficult conversation. You and your loved ones will be grateful that you did"

We are all procrastinators to some degree.  Some of us may put small matters off for a few extra days, like grocery shopping or mowing the lawn, while others go by the old saying, why do today what I can put off till next year.  This is fun to joke about; however, when it comes to the legal consequences of procrastination, it can be devastating.  

In our law firm we see so many lives changed forever by someone’s procrastination.  We hear on a daily basis, “if dad, mom, a spouse, or a business partner, etc., would not have put this off then we would not be in this horrible predicament.  It is so true in almost any area of the law.  People love to put off making a Last Will and Testament, signing a Power of Attorney, having important business documents drafted, or pursuing a case where someone has legally wronged them.  

Legal procrastination can cause family members unbelievable amounts of additional stress and expense in a very challenging time of their lives.   It is not uncommon to see people inadvertently left out of an inheritance or see families fighting after a loved one’s death that could have been avoided if it were not for the procrastination of the deceased.  Also, we see people forced to get conservatorships and guardianships in the court room - something that may have been avoided by the more timely hiring of an attorney.  Almost daily, we see what would be valid legal claims that are barred by the statute of limitations because the individual did not seek an attorney in time.  When it comes to washing your car or getting a haircut, please feel free to procrastinate, but for important legal matters please contact an attorney today and take the appropriate legal steps to Secure Your Peace of Mind and protect your family.

How Do I Get Prepared?

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

Keep in mind…this service can also be taken advantage of by real estate agents, lenders, and other vendors who are all valuable parts of the closing process.

We look forward to securing your peace of mind in new ways!

 


 

clear
Posted on 02/16/2017 9:25 AM by Jonathan Tinsley
Thursday, 26 January 2017
clear

We are pleased to announce that for all our clients closing on their real estate purchase or sale with Tressler Title, we are now offering an assessment of your Estate Documents at the same time, with an attorney from Tressler & Associates, PLLC,  for a low flat fee.

Closing on a property is often an important time to amend your existing estate documents. For those without any existing documents it is a great time to handle it as you can sign both documents in one visit to our office!

What Will You Get?

An Attorney at Tressler & Associates, PLLC, will first review your Buyer or Seller’s estate documents during the course of their closing with Tressler Title. Then the attorney will schedule a phone call with your Buyer or Seller to discuss any updates that may be needed or desired, especially in light of the closing.  If new or amended documents are needed, they can be signed at closing! That’s right, close on real estate and update (or create) estate documents all at once.

What Does It Cost?

The cost for a review and phone call with an attorney is $250.00, however, if additional documents or amendments are needed, the $250.00 fee will be applied towards the total cost of the documents.  All fees for this service can usually be paid through the closing itself.

How Do I Get Started?

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

Keep in mind…this service can also be taken advantage of by real estate agents, lenders, and other vendors who are all valuable parts of the closing process.

We look forward to securing your peace of mind in new ways!

 


 

clear
Posted on 01/26/2017 3:10 PM by Erika Piland
clear
1 2 3 4 Next Last
sun mon tue wed thu fri sat
    1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31  

Subscribe

Recent Posts

clear

Archives