T. Scott Jones, Attorney  |  Banks & Jones, Attorneys at Law

T. Scott Jones, Attorney | Banks & Jones, Attorneys at Law

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Current Expert Advice:

Showing 1-10 of 39 answers
 
 

Question:

Anonymous
2/18/14 11:03 PM

Hip implant & Codicil

Mr.Jones,do you take on hip implant cases?I"ve had one in both hips.Also,what does the word Codicil mean and what does it have to do with wills?My name is Edward Clevenger and my Email is...

Expert Answer:

T. Scott
2/18/14 11:03 PM

Codicils & hip implants

A codicil is basically an amendment to a will. Usually it makes changes to the beneficiaries or changes the way the estate will be distributed. It’s better to draft a completely new will than to use codicils. That way there’s no confusion as to whether the codicil is meant to replace the will or only to modify it.

For your hip implant question, Banks & Jones is proud to be able to help a wide variety of clients with their cases, including personal injury, medical malpractice, criminal law, family law, wills and estates, and others. Please contact the Banks & Jones office at 865-546-2141 and we’ll see if we can help you.

Question:

Anonymous
2/12/14 4:19 PM

Wills

I would like to make a will. ( I am 67 ) What is the best and most inexpensive way to have a legal will in Tennessee. Also, do my husband and I have to each have a will or can we make one together?...

Expert Answer:

T. Scott
2/12/14 4:19 PM

Best way to make a will & joint vs. separate wills

The absolute best way to create a will is, of course, to hire an attorney. An attorney knows the right questions to ask determine your exact wishes, notice and solve any potential problems, and then craft a custom document that will carry out your wishes after you are gone. A fill-in-the-blanks form can’t do that. A professional is really the only way to be sure that you have a document that will be valid in court and distributes your estate to your family and loved ones with minimal headaches and hassle.

To answer your second question, you and your husband should have separate wills. There is such a thing as a “joint will” but separate wills are always preferable. For one thing, a joint will cannot be changed after the death of one spouse, which could be a problem if you want to make changes later. Also, separate wills can contain different gifts and bequests, whereas under a joint will the gifts must be identical.

Our office can help you and your husband create a personal custom document that will make sure your family is taken care of exactly the way you want, and avoid many of the problems that can arise. I understand your concern about expense, but it’s probably not as expensive as you think considering how important it is. Please contact the Banks & Jones office at 865-546-2141 so we can help you.

Question:

Anonymous
12/2/13 3:45 PM

Neighbors tree

Our neighbor has a large oak tree fifteen feet or so from our driveway. Many of the large limbs are hanging over our property and utility lines. May we trim the tree limbs that are hanging over...

Expert Answer:

T. Scott
12/2/13 3:45 PM

Trimming overhanging branches

You can trim the branches up to your property line as long as you do not harm the tree.

This was decided by the Supreme Court of Tennessee in 2002 in Lane v. W. J. Curry & Sons, 92 S.W.3d 355 (Tenn. 2002). The Supreme Court held that “the adjoining landowner may, at his own expense, cut away the encroaching vegetation to the property line whether or not the encroaching vegetation constitutes a nuisance or is otherwise causing harm or potential harm to the adjoining property.”

Also remember that you cannot enter your neighbor’s property to do the trimming without your neighbor’s permission. That’s called trespassing.

Question:

Anonymous
11/2/13 8:29 PM

Cremation

Can a person who has healthcare power of attorney sign for a cremation?

Expert Answer:

T. Scott
11/2/13 8:29 PM

Durable Power of Attorney for Health Care powers

They can if the document says they can. It depends on the language in the durable power of attorney for health care document.

Generally the powers are limited to those given in the actual document. If the document includes language like "The agent may direct disposition of the remains", the agent has absolute control and can do whatever he feels is appropriate, including burial or cremation or donation. If there are specific instructions, such as specifying a certain funeral home or type of memorial service, the agent has to follow those. And if there is no mention of disposition of remains, the agent does not have that power.

Question:

Anonymous
8/20/13 5:20 AM

Not my bill.

I own a small remodeling business. I remodeled a building for a customer over a year ago and the customer told me to use their waste removal account for the construction debris. This was a verbal...

Expert Answer:

T. Scott
8/20/13 5:20 AM

You're right, it's not your bill.

Your basic analysis is right; they should get paid by the customer who hired them. You don’t owe them anything.

Go to court and tell the judge that you have never had any kind of agreement – verbal, written or otherwise - with the waste removal company, and challenge them to produce documentation showing otherwise. You should win the case.

DISCLAIMER
This response is for informational purposes only and is not legal advice. Legal advice is extremely fact-dependent and you should therefore consult a legal professional in person. No attorney-client relationship is formed between you and any individual at Banks & Jones as a result of the response.

Question:

Anonymous
6/10/13 12:47 PM

401k vs IRA in Tennessee

I'm retired. I'm thinking of rolling over my 401k into an IRA to consolidate my holdings with one company. Are 401k's and IRAs treated the same in Tennessee with respect to protection from...

Expert Answer:

T. Scott
6/10/13 12:47 PM

Protecting retirement accounts from creditors

401(k)s are protected from creditors by Federal law. Tennessee statute protects IRAs from creditors as well (see Tennessee Code Annotated section 26-2-105, which you can view here: http://www.tn.gov/labor-wfd/Title26-2-101to410.htm) under most circumstances.

Question:

Anonymous
5/18/13 1:00 AM

Sex Abuse

How long after a sex abuse incident can the victim seek justice?

Expert Answer:

T. Scott
5/18/13 1:00 AM

Sexual Abuse Statute of Limitations

It depends on the specific act. The time limit can range from two years after the act up to fifteen years, and some acts have no time limit. The police will tell you whether it is prosecutable when the act is reported.

This might be useful:
http://rainn.org/public-policy/legal-resources/tennessee/statutes-of-limitations

But again, the best thing to do would be to go to the police.