Blog

Wednesday, 07 December 2016
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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 2016!

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 on each post. Please feel free to share these posts with your friends, family, and colleagues to help spread the word.

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Posted on 12/07/2016 11:08 AM by Todd Tressler
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Wednesday, 16 November 2016
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Regularly I work with clients who own real estate in Tennessee and another state.  This is a very important fact that you want to make sure your estate planning attorney knows.  "Out of state real estate" includes everything from that beach mansion in California to a small, empty plot of land in the Mid-West.  Did you know that without proper planning, your heirs will have to do a probate proceeding in Tennessee and that other state?  Real estate outside of Tennessee cannot be transferred through Tennessee probate proceedings.

Thankfully, there is an easy way to prevent this hassle.  The most common way that this is avoided is by placing the property in a Trust.  Through the use of even a simple Trust, your family can usually avoid this (depending on the laws of the other state involved).  At Tressler & Associates, PLLC, we can build the Trust that suits your needs and draft the deed necessary to place your Tennessee real estate into that Trust. Then, we will work with attorneys in the other state to transfer the rest of your real estate into the Trust.  As simple as this process is, it is rarely done and unfortunately that can leave your heirs with a mess on their hands.

Even if you do not currently own a piece of real estate outside of Tennessee, but plan to in the future, this is a technique that can often be started in advance of the purchase.  We can build the Trust so that it is ready to receive that second piece of real estate whenever you make the purchase.

One of our goals is to make the transition of assets to your heirs as seamless as possible.  Contact us to discuss how we might be able to do that for you.

Contact Us

If have a question or concern please contact us about any communication you have received asking for payment. Or any other legal matter feel free to email us or call.

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

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Posted on 11/16/2016 9:09 AM by Erika Piland
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Tuesday, 13 September 2016
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We do quite a few title searches every day in our office.  In its most basic form, a title search on real estate means that we search all applicable public records to determine what has been publically filed regarding a piece of real estate.  Quite often there is some type of lien against the property that comes up.  Usually, this lien is simply the seller's mortgage, however, that is not always the case.  It is never fun to make a surprise a seller with news that there is a lien filed against him, which will need to be released prior to closing on the sale. 

So what do you do if you get one of these calls? First of all, don't panic.  It's quite possible that the lien is not yours if you were not aware of it.  For example, a court judgment could be issued against someone with a name similar to yours.  These judgments are then recorded and will show up on our title search.  For example, if there has been a judgment for $5,000.00 declared against a woman named "Stacy S. Smith" in your county and your name is "Stacy M. Smith," this will probably show up on our title search because it is possible that this is the same person.  We will simply compare your social security number to that of the true defendant to clear you of that lien.  Thankfully, this is often the end of that unexpected lien for a seller.  

If the lien does belong to you, there are several routes.  First of all, there is a small possibility that the lien has expired.  Depending on the type of lien, it must be renewed or re-recorded every so often.  If it is not re-recorded in a timely manner, the lien does not apply to your real estate.  If it has not expired, you will probably have two options: 1) pay the lien (we can obtain the payoff for you from the creditor) or 2) hire us to negotiate the lien on your behalf.  Negotiating a lien, especially an old lien, can sometimes decrease the amount you would have to pay for the creditor to release the lien.   If the lien is valid and yours, it will need to be released by the creditor before we can close.

No matter what pops up on your title search, we are here to help guide you and make your closing as smooth as possible. 

Contact Us

If have a question or concern please contact us about any communication you have received asking for payment. Or any other legal matter feel free to email us or call.

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

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Posted on 09/13/2016 3:46 PM by Erika Piland
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Thursday, 09 June 2016
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On September 29th, 2000, a young man from the Nashville community that was loved by many, passed away in a tragic accident on Tim's Ford Lake. Christopher Douglas Dowdle was a graduate of Brentwood Academy, and was well on his way to a degree from the University of Tennessee at Knoxville.

Since his unexpected death, friends and family have come together to put a golf tournament together annually so that they can keep his memory alive and share the special moments that were spent with Chris. The funds raised from this tournament are allocated to both Brentwood Academy and The University of Tennessee in the form of a scholarship for prospective students at each institution.

As active board members of the annual Strokes and Streams Invitational held at the prominent Brentwood County Club, myself, Todd A. Tressler, II, and a great friend of mine, Austin Kemp, are leading our yearly effort to obtain tournament sponsorship.

Sincerely,

Todd A. Tressler, Junior Board Member
615-330-6634
todd@tresslerassociates.com

To Make A Donation or Take Part in the Benefit DOWNLOAD INVITATION & SPONSORSHIP FORM

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Posted on 06/09/2016 3:16 PM by Todd Tressler
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Thursday, 28 April 2016
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Unfortunately, phishing scams have become common place.  Most email users are rightfully leery of an email pertaining to wiring information.  However, in the rush of a closing, it is possible to fall prey to one recent scam.

Warning!

The Federal Trade Commission and the National Association of Realtors have both issued warnings regarding the recent email and wire transfer scam concerning closing costs.  In the course of a normal transaction, a buyer will often wire his or her funds to us prior to closing and we will disburse the funds according to the needs of the transaction. 

In this particular scam, hackers pose as real estate agents, title company representatives, or another professional and send an email to the buyer stating that there has been a "last minute change" to the wiring information and the funds are to be sent to a different account.  Because "last minute changes" can be common place in a closing, some buyers will not question this change and send the funds (sometimes hundreds of thousands of dollars) straight into the account of the hacker.

Anytime you receiving wiring instructions from us or any other company, please feel free to call and confirm those instructions.  You can also call to confirm that we have received the wire after it has been sent.  We want to be sure that your closing runs smoothly and the funds are transferred to the appropriate parties and out of the hands of scammers.

Contact Us

If have a question or concern please contact us about any communication you have received asking for payment. Or any other legal matter feel free to email us or call.

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

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Posted on 04/28/2016 8:43 AM by Erika Piland
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Tuesday, 19 April 2016
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Join Us For Our 4th Annual Crawfish Boil!



On Saturday, May 7th we will be throwing our 4th 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 6+ years that has contributed to our success!

When: Saturday May 7th - 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!

Please RSVP here: event@tresslerassociates.com


Shuttle Service

Shuttle service will be available from the Music City Center, Downtown Nashville.  RSVP to event@tresslerassociates.com to reserve your seats.  Seats are limited, so reserve early.  

1st shuttle departing Nashville at 2 p.m.
2nd shuttle departing Nashville at 3:30 p.m.
 
1st return shuttle departing Lebanon at 4:15 p.m.
2nd return shuttle departing Lebanon at 5:45 p.m.

Hotel

Mention the Tressler Crawfish Boil to receive the discounted rate of $55/night.

La Quinta Inn
Sarah Mehaffey
140 Dixie Avenue
Lebanon, TN 37090
D-615-470-1001
 

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

 
 

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Posted on 04/19/2016 9:03 AM by Todd Tressler
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Thursday, 07 April 2016
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Landlord Tenant Law is an area of law where so many non-lawyers decide to represent themselves.  It seems like a good idea to the non-lawyer because they will save on lawyer fees, however, most of the time it ends up costing them much more in the long run.   Landlord Tenant law is a minefield of potential mistakes.  Just figuring out which set of laws applies to the county in which you live in Tennessee can be challenging. 

One area where we constantly see deficiencies in a Landlord representing them self is by the Landlord either not using an eviction notice or using them incorrectly.   If an eviction notice is not used or used incorrectly it can cause the Landlord's case to be dismissed from court and can cost the Landlord significant amounts of money.  It can also possibly open the Landlord up to be sued for Wrongful Eviction.  

In Tennessee a Landlord is required to give a non-paying tenant an eviction notice.  In most cases the Landlord must give the Tenant an opportunity to cure their non-payment and this must be clearly set out in the notice.  The law sets out very specific days and other matters which must be stated in an eviction letter.   We do not recommend that you try to traverse this area of the law alone.  If you see a potential legal matter concerning your rental properties please call our office immediately.

Contact Us

If have a rental property and need help with an eviction or have any other legal situation, contact us and we would be glad to find the best option for your situation.

To learn more about how we can assist you with your Real Estate Law Services your can:

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

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Posted on 04/07/2016 10:09 AM by Jonathan Tinsley
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Monday, 21 March 2016
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If you are pulled over in Tennessee for suspected DUI, many people know about the entertaining roadside tests that officers are trained to perform in an attempt to determine if you are impaired or not.  Unfortunately, many of these tests are not very good indicators and even performance by sober people is typically not good.   After the officer has performed the roadside tests and determined that you are impaired, you typically had two choices:

1.  Take a blood test; OR
2.  Refuse to take a blood test. 

Of course if you refused to take the blood test you would then be charged with Failure to Consent and DUI, instead of just DUI.  It would then be up to the state to prove that you were in fact impaired and guilty of DUI.  It was much more difficult to prove you were guilty of DUI without the blood test. 

In recent years this has changed, now if an officer has probable cause to believe that you are impaired he can seek a search warrant and force you to give blood even if you refuse.  This can make matters much more difficult on the accused and greatly increases the need for competent representation.  Our firm has seen this threatened by law enforcement officials to get the accused to consent to a blood draw.  The best solution is not to drink and drive at all.  However, if you have been charged with DUI it is very important to have your case reviewed by an attorney.  If you are accused of a crime call our office immediately. 

Our law firm has successfully represented clients charged with DUI.  If you have been charged with a crime and need Lawyer to Represent You in a Criminal Law Case we can help! To Read More about our Criminal Litigation Services - Click Here

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

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Posted on 03/21/2016 1:44 PM by Jonathan Tinsley
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Thursday, 10 March 2016
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I was having a discussion recently with a colleague about some of the most common misconceptions among people regarding estate planning.  For example, as I've discussed in a past blog, your spouse does not automatically inherit your entire estate if you pass away with children. (You can see why that is a huge reason in itself to have an estate plan.)  Another very common misunderstanding is regarding the order of priority for named beneficiaries and the beneficiaries listed in a Will.

Let me explain what I mean by differentiating the two types of beneficiaries. By "named beneficiary," I'm referring to someone that you explicitly place as a beneficiary on a specific asset.  For example, a beneficiary on a life insurance policy or an IRA is a named beneficiary.  Whereas, more generically, a beneficiary in a Will is exactly what it sounds like a person named in your Will to inherit a specific asset or assets.

So here's the issue: what happens when you have the named beneficiary listed as one person and the beneficiary in your Will for that same asset is listed as someone else?  In short: named beneficiaries trump wills.  More specifically, the named beneficiary listed on your life insurance policy will trump the person your leave your life insurance policy to in your Will. 

It's easy to see why this is incredibly important.  You can obtain a false sense of security when your Will is perfected but your named beneficiaries are not accurate.  At Tressler & Associates, we want to make sure that your entire estate is transferred exactly as you intend and this is an example of a common mistake that we work to prevent in your plan.

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

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Posted on 03/10/2016 10:14 AM by Erika Piland
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Tuesday, 09 February 2016
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It may seem rare that your taxes decrease, but as of January 1, 2016, the State of Tennessee will no longer tax your Estate.  This has been part of a plan that the State enacted in 2012, gradually increasing the amount of a tax-exempt estate until this year, when the tax was repealed completely.

Practically, this has several impacts. 

1. First, this may simplify your estate planning.Because a large part of estate planning can be minimizing taxes, there is no longer a need to strategize in order to minimize Tennessee estate taxes.

2. Second, in most cases, there will be one less step involved in probating an estate or selling the real estate of a decedent.Typically, a clearance letter is required from the Tennessee Department of Revenue stating that the estate did not owe any inheritance tax.We will no longer need to receive that release.This is especially important when selling the real estate of a decedent.Obtaining that release has often been the delay of sales.

3. Third, it should be noted that there is still a Federal estate tax for estates over $5,450,000.00 so planning will be necessary to minimize or eliminate tax implications if your estate may exceed this amount.

It is important to realize that this only applies to decedents who passed away on or after January 1, 2016.  This is because an estate is subject to the estate tax laws in place during the year in which the decedent passed away. 

This is one tax change that we are glad to see. 

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

 


 

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Posted on 02/09/2016 9:16 AM by Erika Piland
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Thursday, 14 January 2016
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In the days leading up to a real estate closing, costs in addition to the purchase price are often a point of confusion.  What are closing costs? Who is paying title expenses? For which of the other expenses am I responsible? These questions, and many more, are some of what we sort out daily.  In short, the answer to all of these questions is that it depends.

The primary document used in answering the "who is paying what" type of questions is the real estate contract.  This is why it is important to understand your real estate contract prior to signing.  Most expenses can be negotiated within the contract.  For example, it is negotiable as to who will pay the following items:

  1. Closing Costs

  2. Title Expenses

  3. Transfer Taxes

  4. Recording Fees

This is not an exhaustive list and, of course, there are exceptions to what can be negotiated.  For example, the Buyer will almost always be responsible for Lender fees; however, the Buyer can negotiate with the Seller to have the Seller pay a certain amount towards the Buyer's costs.  Ask your drafter for an estimate of all costs associated with closing and who will be responsible for each of those expenses.

The answer to these questions also depends on the purchase price and loan amounts themselves.  Several of the expenses, such as title insurance, is directly dependent on those numbers. In Tennessee, we also have a transfer tax that is due upon any transfer of real estate.  That tax is also based on the purchase price. 

To help with these estimates, Tressler & Associates, PLLC, has a calculator on our website, titled the "TRID Calculator."  This calculator will give you an estimate of the costs associated with your residential transaction.  One point of caution, however, is that it will not show Lender fees nor will it show the other side's closing fee.  (The closing fee is a flat fee that is the same for both parties in the transaction, so you can know what the other side's closing fee will be because it is the same as the closing fee shown to you on your estimate.)  We would be glad to walk you through the details of our TRID Calculator.

The bottom line is that "who pays what" in your transaction will be dependent on your contract.  We would be glad to draft your contract and assist in negotiating the terms.  We want you to be sure of your purchase or sale prior to signing a contract.


We Can Help

If you are unsure how to negotiate your closing or need an attorney to handle your real estate transaction contact us today.

Learn more about how we can assist you with your Real Estate Law Services or you can:

CONTACT AN ATTORNEY  or CALL US: 615.444.2345

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Posted on 01/14/2016 11:24 AM by Erika Piland
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Thursday, 31 December 2015
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I chose SAFE (Soldiers And Families Embraced) for their incredible work to support our veterans. The system in place for returning troops is seriously lacking and SAFE has stepped in to fill the gap. My grandfather was a veteran and I believe in supporting our military personnel as they come back from defending our freedoms. They currently get less than 48hrs of help from the very military they've served! SAFE works with these heroes who have been through extreme danger and hardships on our behalf, to help them readjust to life back home. SAFE is involved with the entire military community as they are all impacted in these difficult times. They offer these programs to our service men and women and no cost to them; as it should already be. To learn more about How SAFE helps our troops and their families click here.

"A man who is good enough to shed his blood for his country is good enough to be given a square deal afterwards. More than that no man is entitled to, and less than that no man shall have."

- Teddy Roosevelt

If you would like to get involved or donate to SAFE (Soldiers And Families Embraced) Click Here

To read more about our 12 Days of Giving at Tressler & Associates Click Here

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Posted on 12/31/2015 11:09 AM by Todd Tressler
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Wednesday, 30 December 2015
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"I choose Southern Starrs. This is one of the most unique organizations in this area. Southern Starrs is an equine therapeutic program serving children and now returning war veterans. Southern Starrs provides an invaluable service to these children with disabilities and the results and success is phenomenal. There are many ways to support this organization throughout the year and I hope everyone will take a moment to visit their website and learn more about them." Donate to Southern Starrs - Brad Major

To read more about our 12 Days of Giving at Tressler & Associates Click Here

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Posted on 12/30/2015 2:36 PM by Brad Major
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Tuesday, 29 December 2015
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Campfire is a Christian youth camp to help empower youth with all the things they face in life such as bullying.  They are focused on suicide prevention as well.  Campfire is a wonderful charity run by a fellow church member.  They were recently featured on a local news segment, as well.  I would love to add them to the giving campaign at Tressler. Donate to Campfire Christian Youth Camp - Sherri McDonald

To read more about our 12 Days of Giving at Tressler & Associates Click Here

 

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Posted on 12/29/2015 12:40 PM by Sherri McDonald
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Monday, 28 December 2015
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Connie learned firsthand at a young age the trials and tribulations that individuals with Cerebral Palsy experience.  She has an awesome brother who was diagnosed and wishes to support this foundation.  The Cerebral Palsy Foundation studies the causes of cerebral palsy, focuses on women's health, brain research, and allowing children access to activities as normal as playing video games.  While their work includes a research such as brain and genetics research, their focus is on changing lives today.  Their CEO Richard Ellenson said "While we look to the future and the incredible advances that await, let us never lift our gaze so high that it fails to see the enormous impact we can have today." Donate To Cerebral Palsy Foundation - Connie Carden

To read more about our 12 Days of Giving at Tressler & Associates Click Here

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Posted on 12/28/2015 1:40 PM by Connie Carden
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Wednesday, 23 December 2015
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"Westland United Methodist,  has a group of approximately a dozen adults who volunteer their time to help local children. Some of these volunteers go to an elementary school near the church on an established day of the week and pick up children who wish to attend the church activity. The children walk back to the church with several of the adults. The children are given snacks, then participate in physical activities before they are helped with learning fairly basic elementary school concepts. Many of these children may be behind in school for whatever reason and need outside support. In addition to tutoring, they are introduced to the church. This ministry is fairly new but has already grown to almost capacity. Many more volunteers and resources are needed. Children are so important and many times they are overlooked for local ministries and this type of help." Donate To Westland Tutoring Ministry " Jonathan Tinsley

To read more about our 12 Days of Giving at Tressler & Associates Click Here

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Posted on 12/23/2015 2:22 PM by Jonathan Tinsley
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Tuesday, 22 December 2015
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I choose St. Jude Children's Research Hospital because of my love for children and my sincere hope that they will find cures, peace, and comfort from the illnesses they are suffering.  My daughter has also become very aware of the need, as we make a monthly contribution and receive a name and picture of a child every month.  She has written several letters to a number of children and includes them in our nightly prayers." Donate to St. Jude Children's Research Hospital - Patty Galaway

To read more about our 12 Days of Giving at Tressler & Associates Click Here

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Posted on 12/22/2015 10:37 AM by Patty Galaway
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Monday, 21 December 2015
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"I would like to donate to New Leash on Life, the Wilson County Humane Association.  My family has a huge heart for animals and I like to give to local charities to help improve the community where I live.  My 8 year old son cries every time one of the ASPCA (American Society for the Prevention of Cruelty to Animals) commercials comes on the tv or he see a stray animal that needs a home.  It just breaks his heart!" Donate To New Leash on Life Jessica Brooks

To read more about our 12 Days of Giving at Tressler & Associates Click Here

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Posted on 12/21/2015 11:29 AM by Jessica Brooks
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Friday, 18 December 2015
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"I chose Make A Wish Foundation as there is no better reason than to give the gift of joy and hope to people far less fortunate. As we know this is what CHRISTmas is about! I have a sincere soft spot for children and the elderly and love every aspect of this charity." Donate to Make A Wish Foundation

To read more about our 12 Days of Giving at Tressler & Associates Click Here

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Posted on 12/18/2015 10:12 AM by Daphne Jones
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Thursday, 17 December 2015
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"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 lets 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."
Donate to Gideons International - Sarah Alsup

To read more about our 12 Days of Giving at Tressler & Associates Click Here

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Posted on 12/17/2015 12:23 PM by Sarah Alsup
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