Jewell, Childress, Breakstone, Smith & Olswing, PLLC Jewell, Childress, Breakstone, Smith & Olswing, PLLC 2026-07-16T09:07:22Z https://www.memphislawattorney.com/feed/atom/ WordPress /wp-content/uploads/sites/1502824/2022/05/cropped-Favicon-1-32x32.png On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC <![CDATA[Who inherits if someone dies without a will?]]> https://www.memphislawattorney.com/?p=47615 2026-07-16T09:07:22Z 2026-07-16T09:07:22Z Family members typically inherit The frequency with which people die without wills is high enough that state law has long addressed the distribution of property in the absence of written guidance. The familial status of the deceased party influences who inherits. If they have a spouse, their spouse typically inherits a significant portion of their estate, if not all of their estate. If the deceased party had children, the children have a right of inheritance that influences how much the surviving parent inherits. Surviving children can also inherit the entirety of the estate in cases where a person has offspring but no spouse. If the person who died has neither children nor a spouse, then their parents, siblings or other family members may inherit their property. In some cases, personal representatives may need to search for prospective errors when there are no immediate family members to claim the right of inheritance. Working with a probate and estate administration attorney can help concerned family members understand their rights when someone dies. An estate plan can designate people as beneficiaries, but without documents, only those legally acknowledged as heirs can inherit.]]> On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC <![CDATA[What should co-parents address in a parenting plan?]]> https://www.memphislawattorney.com/?p=47614 2026-07-10T15:34:17Z 2026-07-10T15:34:17Z parenting plan, including a parenting time schedule, rules for exchange days and how disagreements will be handled. A plan should be as detailed as possible to prevent disagreements in the future.

Special considerations for parenting plans

Holidays and school break schedules are one of the more common “special considerations” addressed in parenting plans. Those parenting time schedules are often much different than a standard schedule. Parents should think about summer vacation, spring break, winter break, birthdays, Mother’s Day, Father’s Day, and all major holidays that either parent observes. Another consideration is who will make decisions for children under specific circumstances. Most parenting plans address general, medical, educational, and spiritual decision-making powers. Some parents will share those duties; however, it’s also possible that one parent will hold the entirety of the duties for a specific area of concern. Rules for communication are also critical. This can include stipulations about the method of communication, which may include verbal, written or through a parenting app. It should also set the terms for how long parents have to respond and what information must be shared with the other parent. Parents who are divorcing must craft parenting plans based on what their children need, so what works for one family won’t necessarily work for another. It may be beneficial to work with a legal professional who understands your circumstances and can assist with getting your unique plan set up as efficiently as possible accordingly.]]> On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC <![CDATA[What are the unexpected costs of a Memphis divorce? ]]> https://www.memphislawattorney.com/?p=47613 2026-06-29T11:48:36Z 2026-06-29T11:48:36Z When people budget for a divorce in Memphis, court filing fees and attorney bills dominate their thoughts. However, dissolving a marriage requires splitting a single household into two separate financial realities.  The cost of living seems manageable, but the sudden duplication of everyday expenses often catches people off guard. To protect your financial future, you must look past the immediate courtroom bills and prepare for the ongoing operational expenses of starting over.

1. Separate housing and utility deposits

Moving out of a shared home means paying a new security deposit, first month's rent or a down payment. You will also pay separate Memphis Light, Gas and Water startup fees to establish your own utilities.

2. Childcare adjustments

A single parent can no longer split daily drop-offs or after-school care easily. You will face increased costs for extended daycare hours, summer camps or specialized transportation to balance work and your new parenting schedule.

3. Healthcare coverage

If you lose coverage under your spouse’s employer-sponsored health plan, you must buy independent insurance. Tennessee courts do not automatically extend coverage, and buying private medical insurance quickly drains your monthly cash reserves.

4. Independent credit building

Establishing credit entirely in your own name requires quick action. You will face higher interest rates or require larger deposits on auto loans and credit cards if you lack an individual credit history.

5. Setting up a household

Furnishing a new apartment from scratch adds up quickly. Buying essential appliances, electronics, kitchenware and furniture drains cash reserves during an already tight financial transition.

Securing your financial future

Tennessee family law requires strategic foresight that extends far beyond standard paperwork. A professional handles statutory property division factors, calculates precise income shares for child support and stops you from agreeing to an unfair settlement. Investing in proper counsel secures your long-term stability and prevents devastating post-divorce surprises.  ]]> On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC <![CDATA[Can your spouse force you out during a divorce?]]> https://www.memphislawattorney.com/?p=47612 2026-06-21T11:50:56Z 2026-06-21T11:50:56Z As a general rule, if you and your spouse own a home together, they cannot throw you out of the house during a divorce. They cannot force you to find another place to live. This is something that you often see in movies and television shows, where one partner returns home to find all of their belongings on the lawn and their spouse tells them they have to move out immediately. It is understandable that spouses may want to live separately during a divorce, as continuing to live together can be stressful. But from a legal perspective, if both people have a right to be on the property, neither one can force the other to leave. One spouse could certainly choose to leave of their own volition, if they thought it would make the divorce easier, but they cannot simply kick their partner out.

Getting a court order

There are some exceptions to this rule. In certain situations, one spouse may be able to get a court order mandating that the other has to leave the home. But this is often only done if there is significant evidence of physical or emotional harm. For instance, if one person can demonstrate that there was domestic violence in the relationship, they may be able to get a protection order requiring their spouse to find somewhere else to live. But these cases are relatively rare. In the average divorce case, both spouses have a right to remain in the house.

Navigating the divorce process

This does help demonstrate one of the complexities you may face when getting a divorce. When you run into disputes, be sure you know what legal options you have.  ]]> On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC <![CDATA[Determining liability after a crash caused by a commercial truck]]> https://www.memphislawattorney.com/?p=47581 2026-06-09T15:31:08Z 2026-06-09T15:31:08Z When a large commercial truck or its driver is responsible for a collision, it is often not immediately clear which party(ies) can and should be held liable. Often, driver error or negligence is to blame. However, even if that is the case, there can be more to it than that. The carrier (the company that owns the truck) has a duty to ensure that its drivers and its trucks are as safe as possible. For example, it is their responsibility to make sure that their drivers are proper licensed and have undergone the necessary training.

How FMCSA regulations can play a role

Carriers are also responsible for complying (and requiring their drivers to comply) with Federal Motor Carrier Safety Administration (FMCSA) regulations. These include:
  • Hours of Service (HOS) regulations: These limit how many hours a driver can be on the road before taking a break (for example, a maximum of 11 driving hours after 10 consecutive off-duty hours).
  • Electronic logging devices (ELDs): These are required for most commercial vehicles to track HOS and other data
  • Drug and alcohol testing programs
  • Driver Vehicle Inspection Reports (DVIR)
If a carrier or their driver was in violation of one or more FMCSA regulation, that can be considered negligence, which can strengthen a plaintiff’s case. 

Other parties could have liability

Some commercial truck collisions are caused by a malfunction like a brake failure. In cases like these, the truck manufacturer or whomever is responsible for service and repairs could be liable. Many large commercial truck collisions are caused (or worsened by) the shifting or spillage of cargo. If a third party like a cargo company loaded the truck, it could potentially be held liable if the cargo was not spread out evenly or was not properly secured. People who are victims of collisions caused by commercial trucks too often do not survive. Those who do can face a lifetime of complications. Medical treatment, physical therapy, the inability to return to work and necessary home modifications can add up to a significant amount of money. That is not even counting the pain and suffering. Getting a fair settlement to cover all of this can be highly challenging when there are so many parties potentially at fault – and working to pass that fault onto others. That is why experienced legal guidance is crucial for victims or surviving loved ones.  ]]> On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC <![CDATA[Does a new stepparent warrant a new parenting plan?]]> https://www.memphislawattorney.com/?p=47580 2026-05-26T13:52:40Z 2026-05-26T13:52:40Z Many divorced or separated parents eventually remarry. While a new marriage may bring happiness to one parent’s household, it can also inspire questions regarding parenting arrangements and family dynamics. In some situations, the arrival of a stepparent may warrant reviewing or updating an existing parenting plan. A parenting plan created years earlier may not fully address the realities of a blended family. For example, the original agreement may have been designed around two single-parent households. Once a new spouse becomes involved in daily childcare, transportation, discipline or communication, tensions can sometimes develop between co-parents. And even when dynamics are amicable, setting boundaries and expectations proactively can help to preserve that amiability. 

Potential issues of concern 

One common issue that arises when stepparents join a family’s mix involves boundaries and decision-making authority. Stepparents often play important supportive roles in children’s lives, but legal parental rights generally remain with the biological or adoptive parents unless formal adoption occurs. Parenting plans may need clarification regarding who can make medical decisions, attend school meetings, handle extracurricular activities or communicate with teachers and healthcare providers. Changes in household structure may also affect scheduling logistics. A remarriage could involve relocation, different work schedules, additional children or new family routines that make a family’s original parenting schedule more difficult to follow. Some families benefit from adjusting exchange times, transportation responsibilities or holiday schedules to better reflect their newly blended family’s needs. Another consideration involves communication between households. Conflict sometimes arises when one parent feels excluded or uncomfortable with a stepparent’s level of involvement. Parenting plans may benefit from clearer communication provisions regarding who participates in discussions about one’s shared child and how information is shared as well. In certain situations, a new stepparent may create concerns about the child’s emotional well-being or household environment. While remarriage alone is usually not enough to justify major custody changes, courts may consider whether the new household arrangement affects the child’s best interests. Issues involving high conflict, unsafe behavior, substance abuse or inappropriate discipline may require legal attention if they impact the child directly. Not every remarriage requires formal legal modification of a parenting plan. Some families adapt smoothly without changing their original agreement. However, it is worth considering that updating one’s parenting plan may help to minimize the risk of future conflict and create clearer expectations for everyone involved, even if things are currently well. ]]> On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC <![CDATA[Navigating custody with a high-conflict ex]]> https://www.memphislawattorney.com/?p=47579 2026-05-14T13:44:51Z 2026-05-14T13:44:51Z Signs a co-parenting situation may be becoming high-conflict Not every disagreement will create a serious custody issue. However, some behaviors may point to a pattern that could affect your child and lead to future legal disputes such as:
  • Frequent arguments about parenting exchanges or schedules
  • Refusal to communicate in a respectful way
  • Repeated violations of the parenting plan
  • Using children to pass messages between parents
  • Attempts to damage the child’s relationship with the other parent
  • Threats to return to court over minor disagreements
These patterns can create stress for children over time. Some children may struggle at school or show signs of anxiety because they feel stuck in the middle of the conflict.

Strategies that may help reduce conflict

Parents in high-conflict situations can benefit from more structure around communication and parenting time. A detailed parenting plan may reduce confusion and make expectations easier to enforce later, as they usually address schedules, exchange locations and communication rules between parents. You should also consider avoiding discussing legal disputes with your children or placing them in the middle of disagreements. Many parents choose to keep communication short and focused on the child through email or parenting apps. Courts generally want children to maintain healthy relationships with both parents when possible.

When court involvement may become necessary

Some custody disputes continue even after parents try to cooperate. In those situations, court involvement may become necessary to protect the child’s stability or enforce an existing order. You may need legal action if the other parent repeatedly refuses to follow the parenting plan, interferes with parenting time or creates problems that affect your child’s well-being. Courts may review custody changes when there has been a material change in circumstances and a different arrangement would serve the child’s best interests.

Keeping the focus on your children

High-conflict custody disputes can feel overwhelming, especially when work, finances and parenting duties continue at the same time. While you may not control the other parent’s behavior, you can still take steps to create consistency for your children. Careful communication, realistic expectations and a clear parenting plan may help reduce conflict over time. When disputes continue, knowing your legal options may help you make informed decisions about protecting your child’s stability and your own peace of mind.]]> On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC <![CDATA[Prescription medication can lead to impaired driving]]> https://www.memphislawattorney.com/?p=47578 2026-05-13T15:23:58Z 2026-05-13T15:23:58Z Impaired driving charges usually focus around alcohol use. But it is important for drivers to remember that alcohol is not the only substance that can impair their ability to drive a vehicle safely. In some cases, even a prescription medication could lead to impairment. These medications will generally come with warnings not to operate heavy machinery, which means that a person who is taking that drug should not drive their car while still feeling the effects of the medication.

Combining prescriptions and alcohol

Another thing to watch out for is how alcohol may interact with a prescription drug. For instance, if someone is taking a prescription that makes them feel drowsy and fatigued, just a single drink of alcohol could cause them to nod off behind the wheel. If they are taking a prescription that includes a blood thinner, this could exaggerate the effects of even a small amount of alcohol. The combination of the two substances may lead to allegations of impairment behind the wheel.

Legal defense options after an arrest

This is not to say that it is illegal for someone to use prescription medication. As long as they do have a valid prescription that they got from a medical professional, the possession and use themselves are fully legal. But at the same time, it is important for drivers to carefully read the instructions to make sure they do not violate the law while using those substances. If a misunderstanding over these prohibitions has led to a DUI arrest, then it is very important to understand exactly what legal defense options are available.  ]]> On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC <![CDATA[Excessive speeding and fatalities on our roads: What to know    ]]> https://www.memphislawattorney.com/?p=47575 2026-04-28T22:08:46Z 2026-04-28T22:08:46Z Speeding is the main cause of fatal vehicle collisions, but all crashes involving speeding are not alike. A vehicle that’s traveling at 60 miles per hour, even if that’s well over the posted limit, likely won’t cause the same severity of injuries as one traveling 100 miles per hour on a highway. The latter may seem like an exaggeration. However, law enforcement agencies and safety advocates report that increasingly more drivers and motorcyclists are on the roads at speeds of at least 100 mph. The faster a vehicle is traveling, the greater the impact is if it strikes another vehicle (and it can easily be fatal if it hits a bicyclist or pedestrian). If two or more speeding vehicles collide, that impact is multiplied.

What are the trends in Tennessee?

Speeds started rising significantly in the early days of the Covid pandemic when fewer vehicles (including law enforcement officers' cars) were on the streets. Tennessee and other states implemented “slow down” campaigns to educate the public on the dangers of excessive speeding. These have contributed to some progress. According to the Tennessee Integrated Traffic Analysis Network (TITAN), the number of crashes involving “speeding, racing, reckless driving, or aggressive driving” in our state dropped beginning in 2021.  The numbers have continued going in the right direction. The Tennessee Fatality Analysis Reporting System reported that the state saw a 14% drop in traffic fatalities in 2025 compared to the prior year. The largest declines have been in urban areas. Statistics can be reassuring or frightening, depending on what they show. Regardless, they should remind drivers to watch their own speeds and to try to get out of the way of a speeding or otherwise reckless driver. The results of a crash – particularly a high-speed one – can be devastating. That’s why anyone dealing with the aftermath of such a crash shouldn’t try to go it alone. Getting early legal guidance can make all the difference in getting needed compensation for medical costs and other expenses and damages.]]> On Behalf of Jewell, Childress, Breakstone, Smith & Olswing, PLLC <![CDATA[Understanding how to navigate divorce and child custody]]> https://www.memphislawattorney.com/?p=47569 2026-04-15T16:40:33Z 2026-04-15T16:40:33Z Divorce can be challenging on its own, but when children are involved, the process becomes more complex. Parents must balance their own concerns with decisions that affect the well-being and stability of their children. Understanding how divorce and custody-related issues work can help parents make informed decisions during this transition.

Focus on the best interests of the child

Courts base custody decisions on what is best for the child. This includes factors such as stability, emotional support and each parent’s ability to provide care. Judges aim to create arrangements that allow children to maintain strong relationships with both parents whenever possible. Cooperation between parents can make this process smoother and less stressful.

Understand types of custody arrangements

Child custody generally involves two main aspects. Legal custody refers to decision-making authority, and this is often shared. Physical custody relates to where the child lives. The exact arrangement depends on the family’s circumstances and the needs of the child.

Consider mediation and cooperation

Resolving custody matters through cooperation can benefit everyone involved since it allows parents to discuss concerns and reach agreements without prolonged conflict. This approach often saves time, reduces emotional strain and also encourages a more positive co-parenting relationship moving forward.

Prepare for court involvement if needed

If parents cannot agree, the court will make decisions based on available evidence. This may include reviewing each parent’s living situation and involvement in the child’s life. The process may involve hearings and temporary arrangements before a final decision is made.

Plan for future changes

Custody arrangements may need adjustments over time. Changes in work schedules, relocation or the child’s needs can require updates to existing agreements.

Final thoughts

Divorce and child custody decisions can shape a child’s future in meaningful ways. Approaching the process with care, cooperation and focus on the child can lead to better outcomes. Also, seeking reliable legal guidance can help you understand your rights and create a plan that supports both you and your child during this transition.]]>