Do you need a Will if you have a Power of Attorney?

Recently I was asked by a prospective client if she needed to have a will drawn up for her mother.  The fear was that going through probate after her mother died would be too much of a hassle for the family.  This particular individual had been told that since she held her mother's Power of Attorney that this would give her the authority she needed after her mother passed to handle the estate herself.  This is not true.  A Power of Attorney is only effective during the life of the individual.  If there is a Will, then the Executor under the Will shall administer the deceased's estate.  If the individual passes without a Will, then the Probate Court will have to name an Administor to handle the affairs of the deceased's estate.

If you are looking to provide guideance for your family upon your passing, then allow The Law Offices of Andrew E. Farmer assist you in creating your Will.  Our licensed Tennessee attorneys can also assist you in your Medical Power of Attorney,  Durable Power of Attorney and other estate planning matters.  Our offic may be reached by calling (865) 428-6737 and our attorneys practice in Sevierville, Pigeon Forge, Gatlinburg and throughout all of Sevier, Jefferson, Cocke, Blount & Knox Counties. 

Modifications of Child Custody Orders

When a judge puts down an order for child custody following a divorce, the notion is that will be the order until the minor child or children reach the age of 18.  More often than not, circumstances will change during that potentially 18 years period until the child becomes an adult.  When these changes occur, it may become necessary to modify the current custody order.  This is done in order to provide for what is in the child's/children's best interests.  In order to establish the necessary basis for such a modification, the courts require that a material change in circumstance has arisen.  Some changes may be obvious, such as a parent having to relocate due to employment, however it is not always as clear.  If you are seeking to modify your existing child custody order, then let The Law Offices of Andrew E. Farmer build the case you need to achieve your goals.  Our licensed Tennessee attorneys practice in Sevierville, Pigeon Forge, Gatlinburg and throughout all of Sevier, Jefferson, Cocke, Blount & Knox Counties.  You may contact us at (865) 428-6737.

Will My Employer Know If I file Bankruptcy?

It is common for people to be concerned that their employer will discover that they filed Bankruptcy.  For some people they are afraid of being fired or possibly they feel a sense of shame for needing debt relief.  These fears are understandable though probably not well founded.  In the event that a person was to be retaliated against for filing Bankruptcy, such as being terminated, then there are protection provisions in the Bankruptcy Code to protect the employee.  Unless your boss or employer is a creditor who needs to be listed in the Bankruptcy filing, then there is strong likelihood that your employer will not be made aware.  The primary exception being that in the event of a Chapter 13, then the required monthly payments to the Trustee could be debited from your wages.  In this event, then your employer would be made aware to facilitate the wages being debited from your check. 

If you are looking to file Bankruptcy and live in East Tennessee, then call the Law Offices of Andrew E. Farmer at (865) 428-6737.  We are a debt relief agency as defined under the Bankruptcy Code. 

Orders of Protection in Tennessee

Domestic abuse and violence in a relationship is always a tragic occurrence.  If an individual is the victim or the parent of minor child who is the victim of domestic violence, then it is important to report the abuse to the proper authorities.  Additionally, that person may seek an Order of Protection.  An Order of Protection is a civil order that prevents the abuser from coming around or even contacting the Petitioner.  An Order of Protection may require that the abuser not possess firearms and carries criminal penalties if the abuser violates the Order.  The Order of Protection may also extend to cover the custody of children in limited appropriate circumstances. 

Once a person swears out an Order of Protection, then the abuser will be served with a copy of the petition and an Ex Parte Protection Order.  The abuser will have to appear in Court in order to challenge the petition.  This often will require a hearing on the merits of the petition.  If you have taken out an Order of Protection and want a skilled attorney to fight for you at your Order of Protection hearing, then call the Law Offices of Andrew E. Farmer at (865) 428-6737.  Our attorneys practice in Sevier, Jefferson, Cocke, Blount and Knox Counties. 

I was hurt in a car wreck. Do I need an attorney?

If you were injured in a car wreck that was not your fault, then you may need an attorney to fight for you.  While nothing the court can provide can undo the damage that you suffered in your car wreck, the court can seek to compensate you for your loss and suffering.  While may people feel that they can deal with the other person's insurance company, remember that the insurance companies have teams of attorneys seeking to protect themselves and are not on your side.  Let the Law Offices of Andrew E. Farmer fight for you.  Our attorneys practice throughout all of East Tennessee to help you today.

Common Mistakes People Make Planning for Bankruptcy

There are many mistakes that someone planning to file bankruptcy can make unless they are guided through the process by an attorney.  Here are just a few of the more common mistakes made by some people.

1.  Transferring money or property to family members prior to filing bankruptcy- If you repay debts you owe to family members or transfer property to the name of a relative like a child, then the court can undo the transfer and distribute that money or property to your creditors.

2.  Not listing all of the person's assets when filing bankruptcy-  If it is found that someone hid assets from the Bankruptcy Court, then that individual can be charged in Federal Court with a felony!  Never hide your assets from the court.

3.  Failing to list a creditor-  If you do not include the creditor on your list of debts to be discharged, then that creditor could come after you to collect even after bankruptcy.

4.  Running up credit card debt immediately before filing-  If the debt on your credit card is less than 90 days old before filing bankruptcy, then it may be presumed to be non-dischargeable. 

It is always the smart decision to consult a licensed bankruptcy attorney prior to planning for bankruptcy on your own.  If you are thinking about filing bankruptcy or need help getting debt relief, then let the Law Offices of Andrew E. Farmer help you get financial relief.  Our attorneys practice throughout East Tennessee and may be reached at (865) 428-6737.

How important is Child Support in Tennessee?

Tennessee only allows a parent paying child support to stop paying child support permanently in only a few specific cases.  The first is to either move in with the other parent or marry the other parent.  You can also simply wait until your child ages out of child support by the later of either the child reaching 18 years old or graduating from high school , but you will need to verify with the Court that your payment obligations stop when the child turns 18 years old or graduates to avoid the continued support obligation.  The other option is to have your parental rights to the child terminated by allowing the other parent's new spouse to adopt the child as his or her own.  You cannot simply agree with the other parent to not pay child support in exchange for reduced or eliminated visitation with the child. 

If you are involved in either custody or child support battles with your child's other parent, then let the Law Offices of Andrew E. Farmer assist you in fighting for your rights as a parent.  Our attorneys practice in Sevierville, Pigeon Forge, Gatlinburg, Seymour, Kodak and the surrounding counties of Knox, Jefferson, Blount, and Cocke.  Our office can be contacted at (865) 428-6737.