Unlawful detained (eviction) action in Tennessee

Unlawful detained (eviction) action: "In an unlawful detainer action, a tenant has certain defenses, such as 'constructive eviction' , default by the landlord of the implied warranty of habitability, or a 'retaliatory eviction', which occurs when the landlord takes an action against a tenant for trying to exercise rights as a tenant (such as informing government agencies of code violations or complaining to the landlord regarding repairs that must be made to maintain the rental property in habitable condition)."

This site gives a good summary definition of what may happen if you are being evicted from your home. Though your obligations as a tenant are largely contractual, the process is heavily regulated by the Tennessee Landlord Tenant Act.

Revocable Trusts in Tennessee

The revocable trust has become in Tennessee, as in many jurisdictions, the functional equivalent to a will in estate planning. It is, in effect, a will substitute with its primary goal as one of determining the persons to receive the trust property upon the trustor's death.

The rules for interpreting the disposition of one's property, then, are virtually the same, if not absolutely the same, as whether the person has chosen a will or a living (revocable) trust as that person's primary estate planning instrument.

Tennessee law (TCA 35-15-601) provides that the capacity required to form a trust is the same as that required to create a will and that a living trust is for the most part, the equivalent of the will.

Also, trusts are more flexible than wills and allow for the mention and reference to wills, codicils, and life insurance policies as part of its custody and control. Of course, the most obvious benefit is the ease by which it may be revoked or amended, as compared to the more formal requirements of the last will and testament.

Detainer Action

Detainer Action: "A landlord or apartment complex brings a detainer action to evict a tenant who has not paid the rent. The landlord usually gets a judgment for “possession” of the apartment plus back rent and attorney fees. The tenant has ten days in which to file an appeal. After ten days, if no appeal is filed, the landlord can obtain a writ of possession, which is a court order directing the sheriff to forcibly remove the tenant and his belongings from the property. In practice, the sheriff is present to supply the force of law, but the landlord supplies the manpower to move the personal belongings. The belongings are usually placed at the nearest public road.

The tenant is allowed a “reasonable” amount of time to collect his belongings. Depending on the circumstances, the “reasonable” amount of time can be as short as 24 hours to as long as 24 days!"

This is what happens when a detainer warrant is filed with the court.

What is a bailment?

We just had a case where the concept of bailment was a central issue. Essentially, a bailment is where personal property is delivered to another with an agreement that the same personal property will later be returned to the owner. The bailor is the person who delivers the property and the bailee is the one who accepts delivery. Bailment is a contract and its terms may be either express or implied from the conduct of the parties.

Crucial to the legality of the bailment is the delivery. The bailor must give over exclusive control of the property to the bailee, so that the bailee exercises custody and control of the property. The bailee then becomes potentially liable to the bailor if the property either is not returned, or returned damaged.

What is a discharge in Bankruptcy?

U.S. Courts Bankruptcy Basics Discharge: "A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged. The discharge is a permanent order prohibiting the creditors of the debtor from taking any form of collection action on discharged debts, including legal action and communications with the debtor, such as telephone calls, letters, and personal contacts.
Although a debtor is not personally liable for discharged debts, a valid lien (i.e., a charge upon specific property to secure payment of a debt) that has not been avoided (i.e., made unenforceable) in the bankruptcy case will remain after the bankruptcy case. Therefore, a secured creditor may enforce the lien to recover the property secured by the lien."

This comes right from the bankruptcy court page and fairly self explanatory.

Contesting a will in Tennessee

Invalidating a will because of undue influence is not a simple undertaking. While undue influence may be proved by either circumstantial of direct evidence, direct evidence is rarely available. Generally, the contestant must not only establish that their existed between the testator and the named executor a confidential or fiduciary relationship, but also that certain suspicious circumstances surrounding the transaction, such that the executor or beneficiary exercised dominion or control over the testator.

Some of the circumstances cited by courts include: the testator's physical or mental deterioration, the beneficiary's active involvement in procuring the will, secrecy concerning the will's existence, the testator's advanced age, lack of independent advice concerning drafting the will, and any discrepancies between the will and the testator's express intentions.

One of the responsibilities of a will drafter is to anticipate as best as possible any potential contests and to plan accordingly.

Tennessee's Foster Care

Tennessee's Foster Care Review Law was enacted to protect children from unnecessary separation from parents and from needless prolonged placement in foster care. It was also enacted to provide a mechanism to monitor the care of children in foster care to insure that a permanent plan for the child will be achieved if possible. T.C.A. § 37-2-401 et seq.

Foster care is defined in T.C.A. § 37-2-402(5) as:

The temporary placement of a child in the custody of the Department of Human Services or any agency, institution, or home whether public or private for care outside the home of a parent or relative (by blood or marriage) of the child whether such placement is by court order, voluntary placement agreement, surrender of parental rights, or otherwise.

An agency is required, within thirty (30) days of foster care placement, to prepare a plan for each child in its foster care. T.C.A. § 37-2-403. This plan must include a goal for the child and a statement of responsibilities between the parents, the agency and the case worker of the agency.

In addition to the plan for each child, the agency must submit a report for each child in its foster care to the appropriate court or advisory review board on its progress in achieving the goals in the plan. T.C.A. § 37-2-404. Such reports are to be made within six (6) months of foster care placement and every six (6) months thereafter for as long as the child remains in foster care.

"Court" is defined by the statute as "the juvenile court having jurisdiction over the person of the child, or if no juvenile court has jurisdiction over the child then the juvenile court in the county in which the child resides." T.C.A. § 37-2-402(3). "Board" is defined as "an adversary review board appointed by a juvenile court judge, juvenile court judges or the department of human services." T.C.A. § 37-2-402(2).