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Maryville Tennessee Legal Blog

Choose a smart executor who knows when to ask for help

If you are giving thought to preparing your will, you must decide who you want to name as your executor. Settling someone’s final affairs can be complicated; there could be financial and legal pitfalls along the way. You need a savvy executor who knows when to ask a professional for help.

Younger is better

How does child support work when parents share custody?

When one parent has primary custody of children after a divorce, the noncustodial parent is often ordered to pay child support to help the custodial parent pay for the children's housing, food, clothing, school supplies, extracurricular expenses and more.

However, what if parents share custody of their children? Is it still necessary for one parent to pay child support to the other? If so, who should pay whom? Parents who share custody of their children may reach an agreement on their own, with their attorneys' help, regarding their financial obligations to their kids.

How does unemployment affect your child support obligations?

When you divorced and your child support order was put in place, you had a good job. You were more than happy to provide financial help to your co-parent, who has primary custody of the kids, to ensure that their needs are met.

Now, suddenly, you've lost your job. What should you do about your child support obligations while you're looking for another job?

Safety agency warned of duck boat dangers almost 20 years ago

For many Tennesseans, duck boat tours are a staple of summer vacation fun and a great way to show visiting friends and family the sights. The Chattanooga Duck Boat tour, for example, provides a one-hour trip around the city's waterfront on the Tennessee River.

Many other people had never heard of duck boats until the tragic accident that claimed the lives of 17 people in Missouri recently. A duck boat owned by the company Ride The Ducks, located in Branson, sank in Table Rock Lake during a storm. Nine of the people who died were members of the same family.

The importance of living arrangements in custody decisions

Are you negotiating for shared custody of your children during your divorce? Or maybe you're seeking a modification to your current custody order to get more time with your kids. If the case goes before a judge, one things he or she will look at is what kind of home you can provide your children while they're with you.

Judges don't expect non-custodial parents (or custodial ones for that matter) to have a mansion with massive flat-screen TVs, pools and multiple computers. However, the judge will look at whether or not your living accommodations are appropriate for your children while they're staying with you.

An accidental overdose can bring serious criminal charges

It happens every day in this country and around the world. People bring drugs over to a friend's house so they can get high together. Siblings combine their allowance money to buy drugs online or from someone in the neighborhood. Someone goes to a party where everyone is sharing their drugs.

Then someone overdoses and dies. No one forced anyone to take the drugs. No one sold them to the overdose victim. Can you be charged with a crime? In many cases, you can face manslaughter or even murder charges.

Yes, distracted driving laws exist, but everyone has a phone

Tennessee does have distracted driving laws like every other state in the country, but are motorists paying attention?

The Tennessee Department of Safety & Homeland Security has the 2016 statistics for accidents that involved distracted driving. The numbers have continued to rise, and part of the problem is smartphones.

Don't cut corners when selling your home to a family member

Your company has offered you an amazing job opportunity in Atlanta. Your brother, who's preparing to retire, has always loved your home here in Marysville and would like to buy it. What could be simpler? You don't have to deal with potential buyers traipsing through your home, a real estate agent "staging" it for an open house and the myriad other complications that come with selling a home, right? Not so fast.

Selling a home is still a business deal with a multitude of regulations that need to be followed. The fact that the deal is with a family member can make things more -- not less -- complicated. Be careful about cutting corners. The more you do things by the book, the smoother everything is likely to go. This means adhering to local, state and other laws.

'Continuous operations' language in lease agreements

We've seen many shopping centers, large and small, go from bustling, lucrative properties to ghost towns in seemingly the blink of an eye as neighborhoods evolve and consumer tastes change. It's understandable that retailers who lease space in a shopping center want the option to close a store without penalty if the location becomes unprofitable for them and/or they find a better location elsewhere.

Landlords call this "going dark." Of course, they want to protect themselves from having tenants -- particularly large "anchor" stores -- leave. Such closures can cause a downward spiral that can leave acres of vacant storefronts. That's why they often include "continuous operation" language in their lease agreements to prevent tenants from leaving. Some tenants ask for a "no continuous obligation" provision in their agreements to codify their right to leave if the space becomes unprofitable for them or they wish to pursue a better opportunity

Why you could go to jail for sharing prescription drugs

Many people have shared prescription drugs with a family member, friend or colleague. Someone's in pain. You've got something that will ease that pain. Why not? It's not like you're a drug dealer. You're not making money off the drugs. You're just trying to help someone out.

The problem is that you don't know what kind of effect the drug will have on that person. It could interact badly with other medication he or she is taking. What if your friend or loved one has his or her own prescription for the medication and just ran out or left the pills at home? You don't know how many the person may have already consumed. In short, you can't know that by sharing your prescription drugs, you aren't endangering someone.

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