Focus on the Law: Conservatorship

By Sharon Frankenberg, Attorney at Law If someone becomes disabled and is unable to care for himself or herself without assistance, they may benefit from the appointment of a conservator.   In Section 34-1-101 (7), the Tennessee Code Annotated defines a disabled person for purposes of conservatorship as “any person eighteen (18) years of age or […]

Focus on the Law: Social Security in 2015

By Sharon Frankenberg, Attorney at Law The Social Security Administration has announced a 1.7 percent increase in benefits for 2015.  This is to adjust for an increase in the annual cost of living.  Nearly 64 million Social Security beneficiaries should have received their increased benefit last month.  More than 8 million of these recipients are […]

Focus on the Law: Disposition of Human Remains

By Sharon Frankenberg, Attorney at Law When someone dies who has the right to decide what happens to the body?  A competent adult may determine the disposition of his or her remains including the location, manner, and conditions of disposition and arrangements for funeral goods and services.  If the deceased left valid disposition directions, state […]

Latest on Termination of Parental Rights

By Sharon Frankenberg, Attorney at Law The Tennessee Supreme Court recently ruled unanimously last week on a termination of parental rights case that may have a big impact on the likelihood a child in state custody may be adopted. The case is In re Kaliyah S. et al and it was decided on Jan. 22, […]

Focus on the Law: Holidays

By Sharon Frankenberg, Attorney at Law Today, being the third Monday in January, we celebrate Martin Luther King Day.  It is a legal holiday according to Tennessee law because it is a day “appointed by the governor or by the president of the United States as a day of fasting or thanksgiving, and all days […]

Focus on the Law: Same Sex Marriage

By Sharon Frankenberg, Attorney at Law As of the writing of this column on January 9, 2015, it is legal in 36 U.S. states and the District of Columbia for same-sex couples to marry. How did we get here? In many conservative states like Tennessee, the state legislatures have passed laws defining and limiting marriage […]

Focus on the Law: Premises Liability

By Sharon Frankenberg, Attorney at Law Premises liability refers to certain situations where the owner of property is legally responsible for injury or loss to a party while on the premises. This legal situation falls under the category of negligence actions. According to Chapter 18 of Tennessee Elements of Action (West Publishing 2010), to successfully […]

Focus on the Law: Blessings of 2014

By Sharon Frankenberg, Attorney at Law “Let us be grateful to the people who make us happy; they are the charming gardeners who make our souls blossom.”  — Marcel Proust I do not usually make a habit of quoting dead Frenchman in this column but please bear with me while I shake things up a […]

Focus on the Law: Filing Claims in Probate Court

By Sharon Frankenberg, Attorney at Law What happens when someone who owes you money or has property that belongs to you passes away?  If you have received a notice to creditors in the mail or read a notice to creditors in the newspaper which references the deceased person, this is somewhat good news for you […]

Focus on the Law

By Sharon Frankenberg, Attorney at Law Social Security disability benefits are only for individuals that are totally disabled.  Partial disability or short-term disability is not covered.  Disability under Social Security requires that a person be unable to do the work that they did prior to their disability;  the person must be unable to adjust to […]