Blog

Wednesday, 16 December 2015
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" In past years, I have donated to the Salvation Army Angel Tree. This charity is for children, as well as the elderly, however my adoptee always ended up being a child.  This charity I kept close to my heart because we were able to "adopt" a child for the season and receive their specific Christmas list. I really enjoyed knowing that what I purchased was the actual request of the child that would be receiving it." Donate to Salvation Army Angel Tree Dawn Decker

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

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Posted on 12/16/2015 9:20 AM by Dawn Decker
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Tuesday, 15 December 2015
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" My charity of choice is Run4Don.  This is a 5k/15k held annually in Gainesboro, TN to honor a close friend of my wife's family named Don Chaffin.  Don was diagnosed with ALS (or Lou Gehrig's Disease) and succumbed to it in 2011.  My wife knew Don her entire life and he was a man I grew to respect in the years I knew him; especially as I watched him battle this disease.  He was a minister for many years and had a passion for serving the children in the church.  His legacy inspired a group of individuals to start this race to serve two purposes: fund scholarships for children to attend college and fund research to help find a cure for ALS. Donate to Run4Don " Jeremy Hassler

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

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Posted on 12/15/2015 12:08 PM by Jeremy Hassler
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Monday, 14 December 2015
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"Room in the Inn is an incredible organization that focuses on helping those who are homeless. For example, at this point in the year, they are busy finding places for people to have a warm meal and a place to sleep on cold nights. But beyond providing the necessities for people, they provide invaluable training. They give people training and resources to obtain jobs and become self-sufficient. They provide spiritual and emotional help, as well. After volunteering with Room in the Inn and meeting several men who are in the programs offered, it is obvious that they are immensely grateful for the way the program has helped them. Room in the Inn is changing lives and I would love to see their work expand.." Donate To Room In The Inn" Erika Piland

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

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Posted on 12/14/2015 2:33 PM by Erika Piland
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Monday, 14 December 2015
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The holiday countdown has begun and the season of giving is upon us!

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. As a token of our gratitude, the Tressler & Associates team is excited to celebrate "12 Days of Giving" for our second year! 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 12/14/2015 7:57 AM by Todd Tressler
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Tuesday, 01 December 2015
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In Tennessee, there are different types of Deeds.  Before I get into that, though, let me define what I mean by "Deed." It can become confusing because term "Deed" is often used to refer to a Deed of Trust.   A Deed of Trust is the document that is recorded in Tennessee securing the property as collateral for a Lender.  In short, that is not the document that I am talking about.  I am talking about a Deed that someone signs conveying his or her interest in real estate to another person or entity.  In our office, this is most frequently a Warranty Deed.  However, what many people do not realize is that the Warranty Deed is actually a specific type of Deed.  The type of Deed that is used defines the guarantees that the Grantor (often, the Seller) is making to the Grantee (often, the Buyer).   This may make more sense if I define the types of Deeds.

  1. Warranty Deed.  As I mentioned, this is probably the most common type of Deed used in real estate transactions.  In this type of Deed, the Grantor is providing a warranty to the Grantee that he or she is conveying good and marketable title.  The Grantor is stating that he or she owns the property and has the right to convey it.
     
  2. Quitclaim Deed.  This is probably the second most common type of Deed that we see.  In this Deed, the Grantor makes no claims as to the title.  In essence, the Grantor is saying, "whatever interest I have in this property, I give to you." This means that the Grantor could actually have no interest in the property, 100% of the interest in the property, or any interest on the spectrum in between those two extremes.  This type of Deed provides the least amount of title security to the Grantee. The Grantor makes no warranties as to the title.
     
  3. Special Warranty Deed.  This type of Deed is somewhere in between the two Deeds above.  In a Special Warranty Deed, the Grantor is stating that he or she did not have any title issues while he or she owned the property, but there are no other guarantees involved.  This is often used in commercial real estate transactions.
     
  4. Other Miscellaneous Deeds.  There are several other miscellaneous Deed titles that are used, but those Deeds are usually somewhat synonymous to the Deeds described above.

It should be noted that the type of Deed does not affect the way the property is titled.  For more information on the way property can be titled, see my previous blog, "Options for Titling Real Estate in Tennessee." However, it is important to know the type of Deed that is being used so that you, as the Buyer or Seller, know exactly what you are guaranteeing or receiving.  Our firm would be glad to help guide you to the correct Deed that should be used in your situation.

Contact Us

If you are unsure how your property is titled or want to see if there are better options for you, 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 12/01/2015 10:32 AM by Erika Piland
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Thursday, 12 November 2015
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When you buy real estate in Tennessee, there are different ways that you can have your property titled.  It is important to know the differences because it changes your rights in the property.  Here is an explanation of the basic ways in which property is titled in Tennessee:

  1. Tenants in common.  This is the default rule for everyone except married couples.  When property is held as tenants in common, everyone who has ownership rights in the property has a right to use the property.  Unless otherwise specified, the ownership in the property is equal and when the property is sold, the proceeds will be split equally among owners.  Because this is the default rule, unless a vesting falls into another category, the owners will be considered tenants in common.  It is also important to note that property held as tenants in common by individuals will probably have to go through probate in order to be transferred.
     
  2. Joint Tenants with Rights of Survivorship.  If there is such a thing as the opposite of a default rule, this is it.  Joint tenants with rights of survivorship own the property equally.  The biggest distinction here is that there are survivorship rights, meaning that the surviving joint tenant(s) will acquire the deceased joint tenant's portion.  This means that no probate is required to transfer the property it is automatic until the last tenant living passes away.  There are strict specifications on how the title must be formed so if you are interested in titling your property in this manner, we would be glad to make sure that your goals are accomplished.
     
  3. Tenants by the Entirety.  This is the default rule for married couples and, in fact, is only available to married couples.  Tenants by the entirety is very similar to joint tenants with rights of survivorship in that the survivorship rights exist, meaning probate will not be needed to transfer the real estate when the first spouse dies.  However, tenants by the entirety has one major difference extra creditor protection.  Creditors of only one spouse cannot attach to and sell the interest of the debtor spouse if the property is held as tenants by the entirety.  The creditor must be a creditor of both spouses or have the permission of the non-debtor spouse to have that ability.  The creditor can only attach to and sell the debtor spouse's survivorship rights.  Because the survivorship rights and creditor protection, tenants by the entirety is an attractive option.


We Can Help

If you are unsure how your property is titled or want to see if there are better options for you, 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 11/12/2015 9:06 AM by Erika Piland
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Wednesday, 21 October 2015
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Many of our clients own one or more residential rental properties.  For the most part these clients are great people and always try to do the right thing.  However, there always seems to be a lot of confusion and myths as to what the law actually says in regard to their various rental problems.  Most of the time, if the rental property lies in a certain county in Tennessee where the population is over 75,000 (as defined by the 2010 census), like here in Wilson and many of the surrounding counties, the law is set forth in the Uniform Residential Landlord and Tenant Act (URLTA) of Tennessee. 

Even though these laws can be somewhat difficult to understand, they are a guide which can lead a landlord, with the help and advice of his attorney, through the many minefields of landlord tenant law.  If the county's population is under 75,000 then the laws are mostly governed by Tennessee case law and are much more difficult to traverse. 

In almost all instances of landlord tenant disputes it takes an attorney who is a veteran in this area.  Our law firm has handled hundreds of these disputes, many of which settle outside of litigation.  If you have a legal question about your rental matters please contact us today.

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 10/21/2015 10:00 AM by Jonathan Tinsley
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Tuesday, 06 October 2015
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Almost every client begins their journey to creating estate documents with an intake meeting.  Inevitably, the first questions asked when the meeting is scheduled is, "what should I bring?"  The good news is that there is no requirement for you to bring anything to your intake meeting.  However, to get the most out of your meeting, it is beneficial to prepare for it.  Here are a few key ways to do that:

  1. Review and bring any prior estate documents that you have.   This may not be necessary for your circumstances, but it is definitely helpful. 
     
  2. Gather basic information regarding your assets.  One of the most important parts of the intake meeting is gathering information on what you own.  At this point, we may not need to go into extensive detail, but we will need an outline of sorts.  This does includes assets, such as real estate, that may be located in another state. 
     
  3. Think about what you want to happen with your assets and consider what is most important to you about that plan.  For example, are you really wanting avoid probate? Do you have a lot of creditors? Are your children minors? At what ages do you want your heirs (or beneficiaries) to receive their distribution?
     
  4. Come with questions.  Another large part of the first meeting involves me teaching clients about the law and various options available.  This is usually a great conversation that is only made better if questions are involved.  This is your plan that we are building and I want you to be completely comfortable with the options you choose.
     
  5. If you are interested, use our intake informational sheets If you would like assistance in thinking through some of the details, our office does have intake forms that can be useful.  Please feel free to use these, but they are optional.

The bottom-line is that we hope to make the intake process pleasant and straight-forward.  Even if you feel completely unprepared for the meeting, we will gladly walk you through the process.  

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 10/06/2015 10:14 AM by Erika Piland
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Tuesday, 15 September 2015
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It is not uncommon for client to contact our office in regards to being charged with a domestic assault.  In many instances the people are shocked by the fact they were charged with the crime of domestic assault and also shocked with some of the punishments for domestic assault.  Among other things, if you are convicted of Domestic Assault, it is very likely that you will be required to terminate your possession of firearms, as well as you could be sentenced to serve 11 months 29 days in jail. 

This is especially troublesome for the client when they enjoy the sport of hunting.  A Domestic Assault charge most of the time comes about when two people get in a scuffle where no one is seriously injured and a lot of times it is caused and initiated equally by both participants. 

The surprise of Domestic Assault charge, instead of a regular assault charge, comes about depending on who it involves.  Tennessee statutory law makes an assault between two individuals a Domestic assault when it involves: individuals who are current or former spouses (no surprise!); however, it also includes:  adults or minors who live together or who have lived together; adults or minors who are dating or have dated or who have had sexual relations with one another; adults or minors related by blood or adoption; adults or minors related or were formerly related by marriage; or adult or minor children of a person in a relationship described above.  

According to the law, almost everyone has been involved in domestic assaults by getting into scuffles as children with their siblings or other violations of the above list!  If you have been charged with a crime please contact us today.

Our law firm has successfully represented clients charged with Domestic Assault.  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 09/15/2015 11:04 AM by Jonathan Tinsley
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Thursday, 10 September 2015
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I was thinking about the course of conversations with many estate planning clients.  One common theme occurred to me I spend some amount of time with every client explaining the basics of probate.  As lawyers, we admittedly can get bogged down in the intricacies of legal nuances, but most of the time, the basics are the most helpful. So, that's where we're going today.

What is Probate?

Probate is the legal process by which final claims against the decedent are settled and probate assets of a decedent are distributed.  As with any simplified definition, it is over-simplified, but it is a good starting point.  Probate is handled by the county in Tennessee wherein the decedent lived when he or she passed away.  Within that county, a specific court is designated to handle probate matters.  The name of the court varies slightly from county to county.  Ultimately though, all of the probate courts in Tennessee follow the same Tennessee law so the process is similar in each court.  Every probate will be slightly different because the facts will be different for each decedent. Was there a Will? Was there a Trust? Are minors involved? Are there any creditors of the estate? There are many variations on what probate can specifically entail.

What is a Probate Asset?

The definition of a "probate asset" is important for our understanding of the probate process since only probate assets are distributed through probate. (Yes, I used "probate" four times in one sentence.)  In the most basic definition, a probate asset is something that is owned individually by the decedent.  However, this definition has quite a few exceptions and additions.  It may be easier to define a "probate asset" by focusing on what it is not (the "non-probate assets"). 

It is not something that has a legally designated beneficiary.  The most common example of this is life insurance.  Life insurance usually has a designated beneficiary to whom the money will flow almost immediately upon a person's death.  The probate court does not consider this transfer except to note the amount of the life insurance that was passed.  One lesser known example is a payable on death (POD) beneficiary on a basic checking or savings account.  Most of the time, you can designate a POD beneficiary on your bank accounts that you own.  This will allow the bank to immediately transfer that account to your beneficiary upon your death, removing the bank account from probate. 

Assets that are owned jointly by spouses are also typically a non-probate asset.  Here, homes are commonly found.  A home that was bought by a married couple will automatically belong to the surviving spouse, individually.  A word of caution here if you are married be sure that both your name and your spouse's name are on the Deed! If the property is only titled in one spouse's name, this does not apply and the home would be a probate asset.

Hopefully this is a helpful (brief) explanation of probate and probate assets.  We would be glad to walk you through the process of discussing what probate would look like for your loved ones and strategize on how to ease that process.  Quite a few assets can be removed from your probate estate by simple changes.  We would be honored to show you how.     

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 09/10/2015 10:46 AM by Erika Piland
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Thursday, 03 September 2015
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It is amazing how many people are charged with Driving Under the Influence (DUI) in the state of Tennessee.  Most of these people think they are okay to drive due to the amount they have had to drink, the amount they have eaten, or the amount of time that has passed since consuming alcohol. 

Many of our clients explain their exact situation to us, after being charged, and we are surprised at how high their blood alcohol levels are considering their circumstances.  Many people are also surprised to learn of the jail sentences associated with DUI and blood alcohol levels. 

In Tennessee, if you are convicted of a DUI, the law says that you must serve a minimum mandatory jail sentence of 48 hours, which must be served all at the same time.  This is the minimum sentence and a DUI offender can serve up to 11 months 29 days in jail for a first offense DUI, in addition to other punishments.  

On a first offense, if your blood alcohol level is above 0.20, which is surprisingly common, the mandatory minimum jail sentence goes up to seven days in jail which must all be served at the same time.  After your first offense DUI, if you are convicted of subsequent offenses, the mandatory minimums go up substantially thereafter.  It is not uncommon for second offense DUI offenders to serve anywhere from 45 days in jail to up to one year.  Third offenses can cost an offender 120 days in jail and up to one year. 

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 09/03/2015 9:43 AM by Jonathan Tinsley
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Tuesday, 14 July 2015
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I think I'll define a couple of important terms to begin.  When someone is said to die "testate," it means that this person has died with a valid Will.  You can probably guess what "intestate" means then dying without a valid Will.

There is myth that I hear often: if you die intestate, your property will naturally be distributed to the right people.  By "right people," they typically mean their family; and while the property of an intestate decedent is distributed to his or her heirs, you cannot end the conversation there.   Every state defines "heirs" as it sees fit.  The progression of your belongings in Tennessee might not be quite what you would expect. 

People usually make incorrect assumptions regarding the split of an estate between spouses and children.  Most think that if they pass away intestate, everything will suddenly belong to their spouses. That's simply not true if you have children.  If an intestate decedent is survived by a spouse only and no children, the surviving spouse will inherit everything.  However, if an intestate decedent is survived by a spouse and at least one child, the child and the spouse will both inherit some portion of the estate.  According to Tennessee law, if there is one surviving child, the spouse and the child will split the estate equally.  If there are two surviving children, the spouse and each child will inherit one-third of the estate.  If there are more than two surviving children, the spouse will inherit one-third and the children will split the remaining two-thirds of the estate.  Bottom line if you pass away and are survived by a spouse and at least one child, your spouse will not inherit your entire estate unless you create a Will stating so.  

To be sure that your property is distributed to the right people, you should have a Will that explicitly outlines your plan for the property.  Hopefully it is now clear that this is important even if you simply want everything to go to your spouse.  We would be glad to walk through this process with you.

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 07/14/2015 11:33 AM by Erika Piland
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Tuesday, 30 June 2015
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When your parents pass away, life is difficult enough.  The last thing you want is to be stuck paying the mortgage on their house or risk foreclosure.  It is quite common to want to sell the home as soon as possible.  However, as many have found out the hard way, it's not exactly as simple as signing a contract.

From time to time I will see a real estate contract that the children of a deceased parent have signed to sell that parent's home.  Those children can often either point to a Will showing that they are inheriting the home or the Tennessee intestacy laws state that they are inheriting the home.  Either way, it seems clear that those children should have the power to sell the home.  Unfortunately, it's not that easy.

The best case scenario is that probate on the decedent's estate is complete and those who have inherited the house can sell it.  But I'm not talking about that situation.  I'm talking about the situation when probate has not been started or when probate is not complete.  Although the process for selling a home in those situations is not always identical, there are some common patterns.  For instance, it is quite likely that you will need to get court approval to sell the home if probate has begun.  Or, if you have not begun probate, you will probably have to open probate and then get approval from the court to sell.  You can almost guarantee that we will need consent from the Tennessee Department of Revenue to sell the home and a release of potential claims from the Bureau of TennCare.  If probate has not been completed, the best case scenario is that you can close on the home during the four month creditor's period in probate and closing agent will hold your proceeds in escrow until the completion of the creditor's period.

As you're probably realizing, this can quickly become a complicated process.   Also, I would not be doing my job if I did not mention that a Trust can avoid this.  If your property is held in a Trust, even a Revocable Living Trust, it will pass outside of probate because it does not belong to the decedent, it belongs to the Trust.  This simplifies the selling process immensely.  However, whether you have a Trust, a Will, or no Will at all, we are equipped to walk you through this process.

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 06/30/2015 2:14 PM by Erika Piland
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Tuesday, 16 June 2015
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The great city of Nashville has recently shown an increase in population which is a sign of a growing economy. With new buildings continuously covering the city, Nashville has become a top destination of attraction and business. These are positive signs that the economy is thriving in the real estate world, which leads to a demand in both commercial and residential properties.

In order to take advantage of the real estate market, which has been on the rise for many years now, it is important to obtain the services of a real estate attorney so that you can legally protect yourself. Consulting with a real estate attorney provides many benefits to a successful transition. An attorney is able to create or evaluate an existing lease for the property that you currently own, or wish to own in the future. There can be many liabilities that are not known while being the owner of a property. In order to feel confident when you are going through a lease agreement, it is necessary to seek the guidance of a professional who can get the facts and provide the proper services.

There are a few policies that can protect you from any issues that may arise during the process of buying or selling a property. The first is for the owner to obtain owner's title insurance. This is necessary so an owner will be protected from any issues concerning the title of the property that may arise, and you will not have to solve those issues alone or out-of-pocket. The next is for a lender to also have title insurance. If the owner or lender has a title insurance policy, that is not enough to be protected. Both the owner and the lender must acquire title insurance so that you can be properly covered and not have to worry about any of the issues because you will be protected.

Our attorneys make this a peaceful process and assure that your interests will be protected. Let us take the stress off of you and eliminate any possible risks of liability. Have a professional help take you through the proper steps to be safe in your purchase or sale of property.

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 06/16/2015 4:05 PM by Aaron Simonis
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Tuesday, 09 June 2015
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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 06/09/2015 3:29 PM by Todd Tressler
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Wednesday, 03 June 2015
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Are you currently buying or selling a home? Have you have ever purchased or sold a home? If so you have probably considered owner's title insurance. There are a lot of questions people have regarding this insurance policy, but among the greatest is, "Do I really need this?"   This is a completely reasonable question.  No one wants to pay for something unnecessary.

At its most basic level, owner's title insurance protects a property owner from the consequences of a claim on the title of the property.  Most people assume this means that you are protecting yourself from someone approaching you and saying, "Hey, this is my house!"  And although that is true, if that were the primary case, this would seem rather silly because that is such an outlandish thought.  A claim would likely appear in a different form.  Most claims are almost completely out of the purchaser's control.

For example, human error is an ever present risk.  Of course, businesses strive to do their best, but we are human and we err.  From the surveyor's measurements of the property to the title search to the recording of liens, there is room for mistake.  And of course, there is always a possibility of fraud.  Has someone intentionally not conveyed their marital interest?  Have IDs been forged?  Subject to certain limitations, owner's title insurance protects homeowners from these types of risks.

It is also important to note that if there is a title issue, you will probably not be able to sell your property until that issue is resolved.  If you do not have title insurance, you will have to resolve that problem out-of-pocket.

Keep in mind that even though your lender obtained a lender's title insurance policy at closing, that does not mean that you are covered.  A lender's policy only covers the lender.

Owner's title insurance is a one-time payment at closing and one of the cheapest types of insurance you will find.  Because of the broad protection that it supplies, we recommend all property owners obtain owner's title insurance.

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 06/03/2015 1:00 PM by Erika Piland
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Friday, 29 May 2015
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Tressler & Associates, Law Firm, is committed to supporting our communities and our youth, after all, they are our future.  This year we are delighted to have the opportunity to sponsor and support two rising leaders from Blackman High School, to attend Boy's and Girl's State this summer. 

"The American Legion Boys State and American Legion Auxiliary Girl's State are premier programs for teaching how government works while developing leadership skills & an appreciation for your rights as a citizen. As a participant in the program you, will run for office, learn public speaking, create and enforce laws and actively participate in all phases of creating and running a working government in this exciting and fun summer program".

During this week long program, Daniel and Jeanette will have the opportunity to meet and develop lifelong friendships with other public service enthusiast and driven young leaders from all across the state, that will help to shape the future of our communities for years to come. 

Daniel is a bright 11th grade student from Puerto Rico, who has exemplified exceptional people skills making leadership a natural fit.  Daniel's father serves as an analyst for the United Nations.  The Boy's State will be held at Tennessee Tech University beginning May 23rd.

Jeanette is also an exceptional junior at Blackman, holding an impressive 4.0 grade average.  She has proven to be very intuitive in group situations making her a great leader.  Girl's State will be held this year at Lipscomb University also beginning May 23rd

We are very proud to support these two young leaders, and know their futures in leadership will make our communities continue to thrive!  Congratulations Daniel and Jeanette!  We wish you both the best of luck, and we thank you for your passion and dedication to public service. 

You can learn more about this amazing opportunity for our communities young leaders at boysandgirlsstate.org.

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Posted on 05/29/2015 3:18 PM by Todd Tressler
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Thursday, 14 May 2015
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Think about a married couple.  When the first spouse dies, often the vast majority of assets are titled in both of their names.  Therefore, everything passes to the surviving spouse without probate.  However, what if the deceased spouse owned a piece of land with which the other spouse has never had any involvement.  What if the only thing that needs to be distributed in a decedent's estate is real estate?  Do you have to go through the entire probate process?  Can you just sign some type of Deed?  Short answer to those questions: No and no.  Thankfully, in Tennessee we have a procedure that is specifically designed to deal with transferring real estate from a decedent's name into the correct beneficiary's name.  It is called Probate for Muniment of Title.

This type of limited probate process is basically three steps, but there are some important keys to remember.  Probate of any type is much simpler when there is an original will.  Therefore, you would start by locating the original will and an original death certificate.  Once you have located those and determined that the only asset to be distributed is real estate, you would contact an attorney (at Tressler & Associates, of course) to take you through the Muniment of Title procedures.  We would start the process by filing a Petition for Muniment of Title with the Probate Court's office and a hearing would be set.  Notice would be sent to all beneficiaries and heirs-at-law that this hearing is occurring.  Assuming all goes according to plan, the Judge will sign the Order at the hearing.  Once the Order is signed, it will be recorded at the Register of Deeds.  This recording will serve as evidence of the transfer of title. 

Although probate in Tennessee is a relatively streamlined process, we are thankful that there is an even more streamlined process for this particular issue.  Should you need assistance in transferring real estate out of a decedent's name, please give us a call and we will be glad to help.

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


 

 

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Posted on 05/14/2015 2:32 PM by Erika Piland
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Thursday, 07 May 2015
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I doubt that any client has ever asked me about who will handle their non-financial online accounts after they pass away.  However, it is a real question and concern.  Wouldn't you like to designate now who will be able to manage your social media accounts after you die?   Facebook led the charge in this endeavor a couple of months ago.  As you'll see, their approach is not perfect, but it's a start.

A legacy contact will not have the ability to access, delete, or add to your account in any way in which they choose.  In fact, there are very limited allowances for a Legacy Contact.  First, before a Legacy Contact is allowed to do anything, your account must be memorialized, which will freeze all actions on your account except what the Legacy Contact has the ability to do. 

A Legacy Contact can do:

  1. Write a "pinned post" for your profile.  This would share a final message and/or funeral information.
  2. Respond to pending friend requests.
  3. Update your profile picture and/or cover picture.

Like I said, the powers of a Legacy Contact are limited, but useful.  Your Legacy Contact cannot delete those embarrassing pictures so you still need to be careful what is posted.  Here is a list that Facebook supplies of what

A Legacy Contact cannot do:

  1. Log into your account
  2. Read messages you've sent to other friends
  3. Remove any of your friends.
  4. Remove or change past posts, photos and other things shared on your Timeline

Another important note is that you must be an adult (at least 18 years old) to designate a Legacy Contact under Facebook's current policies. To See Facebook's Instructions on Legacy Contacts Click Here

We have yet to see if other social media outlets (Twitter, Instagram, etc.) will accept similar policies.  Even though Instagram is owned by Facebook, it also does not seem as though this policy applies to Instagram.  Currently, Instagram and Twitter have relatively cumbersome processes to prove the death of an account user in order to delete the account.  However, the process is purposefully cumbersome to prevent account tampering. 

Although we do not know what other social media sites will do, it is quite likely that Facebook has set a trend in this direction. 

There are many considerations for Planning Your Estate and new digital issues such as these are just another layer. Taking care of legal issues can ensure your wishes are met after your death and will help your loved ones tremendously during those difficult times. Our team can guide you through the process and help secure your peace of mind.

Have A Question?   CONTACT AN ATTORNEY

 


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Posted on 05/07/2015 1:33 PM by Erika Piland
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Tuesday, 14 April 2015
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On Saturday, April 25th we will be throwing our 3rd 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 for your business and support that has contributed to our successes over the past 5 years!

When: Saturday April 25th - Rain or Shine! (We have tents.)
What Time: 2:00pm - 6:00pm
Where: Our Lebanon Office - Click Here for Directions
Are You Feeding Me: Yep! Crawfish, Cajun Food and BBQ
If I am Thirsty: We will have Sweet Tea & Beer

We have live music from The Roadhouse Roosters for your enjoyment, a bouncy house 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 ROLLWe can't wait to see you!

Please RSVP here: event@tresslerassociates.com 

* We have deals on hotel rooms for out-of-towners. Click Here for details
* We have a shuttle set up from down town Nashville - Click Here for details

Shuttle Service

Grand Avenue Limo Bus will Shuttle guests from Nashville to Lebanon.  We really encourage our Nashville area guest to utilize this option.
 
Pick up location will be in front of the main entrance of the Music City Center, Downtown Nashville - Map
1st Shuttle will leave at 2:00pm
2nd Shuttle will leave at 3:15pm
1st Return Shuttle will leave at 4:30pm
Last Return Shuttle will leave at 5:30pm
 

Hotels - Ask for the Tressler Crawfish Boil Rate.

La Quinta Inn
Roshan Patel
140 Dixie Avenue
Lebanon, TN 37090
D-615-547-6695
M-615-480-9577
F-615-551-0050
 
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 04/14/2015 9:01 AM by Todd Tressler
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