Opportunity for Remote Notarization and Witnessing During COVID-19
In an effort to reduce the spread of the Novel Coronavirus 2019 (COVID-19), Tennessee Governor Bill Lee issued Executive Order No. 26 (“the Order”) authorizing the use of remote notarization and remote witnessing through May 17, 2020. In relevant part the Order allows all Documents which require the physical presence of a notary and/or witnesses to now be executed through the use of remote notarization and remote witnessing. An applicable Document for this Order includes a will, trust, living will, durable power of attorney, deed, or other legal document requiring witness or notary presence. The new guidelines allow for execution to
IN-PERSON SIGNING GUIDELINES DURING COVID-19
Wilson Worley PC is committed to doing our part to protect the health and safety of our customers, employees, and communities during the novel coronavirus (COVID-19) outbreak. To that end, we ask that, when possible, only essential parties to the signing attend the signing appointment and that everyone attending a signing appointment adhere to the following guidelines: Prior to the signing appointment, we ask that everyone attending a signing appointment consider the following questions: 1. Have you or anyone in your household had any cold or flu-like symptoms, such as fever, cough, or shortness of breath, within the last 14 days? 2. Have
DIY Estate Planning
The headline “Handwritten Wills Shake up Late Soul Singer Aretha Franklin’s Estate” appeared recently and should be a reminder that estate planning is nothing to put off or try doing yourself. We are inundated with advertisements, and even television series, that depict “DIYers” completing tasks they have no formal training to do. There is no doubt one can save money by learning to do simple home improvement projects and car repairs. But any carpenter, plumber, electrician, or mechanic will say that some things are best left to the professionals. Handwritten wills are referred to as holographic wills and they are legal and
Understanding the Basics of a Deed of Trust (or Mortgage)
Two-thirds of Americans own their homes. A large portion, however, don’t own them outright. Instead, they own them subject to a deed of trust, or mortgage. This article uses the term “deed of trust” generically, to include both a deed of trust and a mortgage. The two perform similar functions, but are structured differently. Under a deed of trust, the homeowner conveys the property to a neutral third party, the trustee, on the condition that the trustee re-convey it once the loan obligation, called a promissory note, is satisfied. A mortgage does not involve a third-party trustee. Most states, including Tennessee and
“I Want to Enlighten You a Leetle”
The title to this article is the opening sentence in a letter Mark Twain wrote to the Keokuk Post in 1856 under the pseudonym Thomas Jefferson Snodgrass. Twain, in that same letter, described a scene in a Shakespeare play by writing “[t]hey all laid their heads together like as many lawyers when they are gettin' ready to prove that a man's heirs ain't got any right to his property.” Popular culture abounds with lawyer jokes – some of them good. But good lawyers, contradictory to popular belief, are worth their cost. A recent Tennessee Court of Appeals case illustrates just
Determining the Implications of “As-Is” in Real Property Contracts
It is common to see items such as cars and trucks, and even real estate, advertised with the words “As-Is” in the listing. And it is not uncommon for the contracts that memorialize the agreements for the sale and purchase of these items to also include “As-Is” language. Generally, “As-Is” means that the buyer of real property is purchasing the property “as it is in its present state or condition.” Jaffe v. Bolton, 817 S.W.2d 19, 25 (Tenn. Ct. App. 1991). This implies the property is taken with whatever faults it may possess and that the seller is released from any
Sour Grapes
The Tennessee Supreme Court released an opinion on December 6, 2017 that has several implications on estate planning for married individuals. A married couple can own property as tenants by the entirety. See Bryant v. Bryant, 522 S.W.3d 392, 400 (Tenn. 2017); Tenn. Code Ann. § 36-3-505, 31-1-108. Tenancy by the entirety is only available to married persons. Grahl v. Davis, 971 S.W.2d 373, 378 (Tenn. 1998). Real and personal property can be held as tenancy by the entirety. What makes holding property by tenancy by the entirety special is that each spouse holds an interest in the whole property
Tennessee Statute on Will Execution Amended to Permit Signatures on Affidavit of Will to Satisfy Witness Signature Requirement for Wills Executed Prior to July 1, 2016.
The Tennessee legislature passed a law effective July 1, 2016, to address and overrule a recent Tennessee Court of Appeals decision that disallowed the enforcement of a will in which the witnesses had signed the affidavit attached to the will rather than the will itself. The Tennessee Court of Appeals decision was in the case of In Re: Estate of Bill Morris, 2015 WL 557970 (Tenn. Ct. App. 2015), which we covered in a prior legal update. The Court in the Morris case held the will was not valid where the witnesses signed only the
Estate Planning and Pets
Many families fail to address the needs of their pets when undertaking estate planning. Pets and other animals such as livestock are considered personal property and pass as such under an individual's will, unless there are specific provisions dealing with pets or animals. Only a small percentage of pet owners include provisions for their pets in their estate planning documents. This places a burden on executors, administrators, and family members in making decisions about the care and custody of pets following their owner's death. Tennessee and Virginia have each adopted a version of the Uniform Trust Code dealing with trusts for
Signature on Self-Proving Affidavit but Not on Will Falls Short of Statutory Requirements
In early 2015, the Tennessee Court of Appeals provided valuable guidance to practitioners on will execution requirements. The case of In re Estate of Bill Morris (2015 WL 557970, Tenn. Ct. App. 2015) concerned a will contest in which the children of the decedent challenged the validity of their father’s Last Will and Testament based on alleged noncompliance with T.C.A. § 32-1-104, which sets forth formal execution requirements that are required for a will to be valid: The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least