McBrien Armistead Law Group

01/29/2025

When it comes to planning for the future, particularly in situations involving incapacitation or disability, understanding your options is crucial. Two standard legal tools that come into play are conservatorship and power of attorney (POA). However, there is often confusion about the difference between power of attorney and conservatorship. In this article, we at McBrien Armistead Law Group will guide you through these concepts, highlighting their differences and answering a frequently asked question: Does conservatorship override power of attorney?

Understanding Conservatorship vs Power of Attorney - learn more with this blog from McBrien Armistead Law Group.

01/27/2025

As we age, our needs and priorities change. Legal issues that concern older adults are often complex and multifaceted, requiring knowledge and expertise. This is where elder law comes in. At McBrien Armistead Law Group, we focus on elder law and estate planning, offering comprehensive solutions to meet the unique needs of our senior clients.

As we age, our needs and priorities change. Legal issues that concern older adults are often complex and multifaceted, requiring knowledge and expertise.

01/22/2025

In estate planning and family law, a common question arises: “Does power of attorney override spouse?” This question is at the heart of many legal debates and discussions. We aim to clarify this complex issue at McBrien Armistead Law Group.

In the realm of estate planning and family law, a common question that arises is "Does power of attorney override spouse?"

01/20/2025

Life becomes more complicated as we age, and the legal landscape surrounding elder care is no exception. Tennessee elder law encompasses many topics, from estate planning to long-term care options. At McBrien Armistead Law Group, we specialize in guiding seniors and their families through these complexities.

Tennessee elder law encompasses many topics, from estate planning to long-term care options. Learn more.

01/15/2025

A conservatorship and a power of attorney are both legal tools that can be used to manage the affairs of someone unable to do so themselves. However, there are critical differences between them.

A conservatorship & a power of attorney are both legal tools used to manage the affairs of someone unable to do so themselves. Explore the differences.

01/13/2025

Intestate succession refers to the process of estate administration when a person dies without a will. If a person has no will, then Tennessee law on intestate succession controls. Tennessee law on intestate succession, codified at Tenn. Code Ann. §31-2-104 identifies who inherits in such a situation. The first person to inherit is the surviving spouse. If the decedent dies intestate (without a will), the surviving spouse receives the estate if there are no surviving children. If a decedent has surviving children, then the surviving spouse receives a third of the estate and or a share equal to the decedent’s issue (children) — whichever is greater.

Intestate succession refers to the process of estate administration when a person dies without a will. Learn More.

01/08/2025

Probate refers to the process of validating a will and executing the language and operative effect of a will. In other words, the probating of a will refers to the process of ensuring that the will is evaluated, approved, and then executed according to the will’s contents when a person’s estate is divided and the assets are disseminated.

When a will is contested, it means that someone has challenged the validity of a will. Learn more.

01/06/2025

Probate refers to the process of validating a will and executing the language and operative effect of a will. In other words, the probating of a will refers to the process of ensuring that the will is evaluated, approved, and then executed according to the will’s contents when a person’s estate is divided and the assets are disseminated.

Probate refers to the process of validating a will and executing the language and operative effect of a will. Learn more about probating of a will.

01/01/2025

Wishing you a joyous New Year! As we begin this new chapter, it's a great time to reflect and set future goals. Many cultures celebrate with vibrant festivities and traditions of renewal. In Times Square, NYC, millions watch the iconic ball drop, symbolizing a new era. About 45% of people make resolutions to improve health, career, or personal growth. May this new beginning bring you happiness and success!

12/30/2024

Caring for an aging or incapacitated parent can bring unique challenges, especially when their ability to manage personal, financial, or medical decisions diminishes. When this happens, families often turn to conservatorships for legal authority to step in and protect their loved ones. But what does conservatorship mean, and how do you go about obtaining one? At McBrien Armistead Law Group, we’re here to help you understand conservatorship in Tennessee and guide your family through the process with confidence and care.

Caring for an aging or incapacitated parent can bring unique challenges, especially when their ability to manage personal, financial, or medical decisions dimin

12/25/2024

Wishing you a Joyous Holiday Season! As the year ends and festivities begin, it's a time for reflection and creating new memories with loved ones. This season often involves exchanging gifts, enjoying meals, and cherishing companionship. Whether gathering around a Christmas tree or spending a cozy evening at home, the holidays offer a chance to relax, rejuvenate, and express gratitude. May your holidays be filled with laughter, love, and happiness.

12/23/2024

When navigating the world of business, many find themselves wondering, “Is commercial law and business law the same thing?” While these two terms are often used interchangeably, they actually refer to distinct yet closely related areas of the legal system. At McBrien Armistead Law Group, our goal is to clarify these differences so you can determine which legal support you need. Below, we’ll explore the intricacies of both commercial law and business law and explain how we can help you with your legal challenges.

Is commercial law and business law the same thing? While used interchangeably, they actually refer to distinct yet related areas of the legal system. Learn more.