Three HPS Lawyers Listed in The Best Lawyers In America©

Dan Holbrook, Marshall Peterson, and Ed Smith are listed in the 2015 edition of  The Best Lawyers In America©  for Trusts and Estates.

In addition, Dan is listed for Non-Profit/Charities Law and Ed is listed for Litigation-Trusts and Estates.

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New Tennessee Trusts MAP Route to Better Estate Planning for Married Clients

Cite: Eddy R. Smith, New Tennessee Trusts MAP Route to Better Estate Planning for Married Clients, TENN. BAR J., August 2014.

Tennessee’s new marital asset protection trusts might be the perfect way for a married couple to spice up their estate planning and to renew their vows to plan well.
TBE, or not TBE, that is the question

Tennessee law allows a married couple to own assets in “tenancy by the entirety” or as “tenants by the entirety” (TBE). A fundamental characteristic of TBE ownership is that neither spouse may unilaterally sever the tenancy. A corollary is that a creditor of one spouse may not do what the debtor may not do: the creditor may not sever the TBE to reach the interest of the debtor-spouse.[1] Thus, married couples have an asset protection incentive to own assets as TBE. Continue reading

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HPS Named Pro Bono Firm of the Year

At Legal Aid of East Tennessee’s “Celebrate Pro Bono” event on July 29, Holbrook Peterson Smith was recognized as Pro Bono Firm of the Year.  The award was presented by Chief Justice Gary Wade.  In addition to the firm’s recognition, Donald Farinato, Scott Griswold, Dan Holbrook, and Marshall Peterson received individual recognition for pro bono hours through LAET.

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Holbrook Elected to Board of Regents of American College of Trust and Estate Counsel

KNOXVILLE, Tenn., April 30, 2014 — Dan W. Holbrook, founding partner of Holbrook Peterson Smith, PLLC, of Knoxville, Tennessee, has been elected to the Board of Regents of the American College of Trust and Estate Counsel (ACTEC), the premier legal association of trust and estate lawyers in the United States. Holbrook was elected as a Fellow of the College in 1989 and served as Tennessee State Chair from 2005 to 2010.

Upon his election, Holbrook said, “I look forward to serving the profession and the public by serving on the ACTEC governing board.”

The College is composed of the best of the trust and estate bar. Fellowship in ACTEC is extended by invitation only, after careful screening, to those experienced lawyers who have not only mastered the substantive law and practice but who have also made substantial contributions to the profession itself, through writing and speaking on topics of interest to the most experienced practitioners, or by guiding legislation relevant to the profession.

The College strives to improve and elevate the standards of trust and estate practice, by providing resources to the bar and the public generally and through committees that monitor and adapt to ever-changing laws and practice.

ACTEC Fellows are often asked to provide testimony in Congressional hearings and work with the Internal Revenue Service to improve the administration of our tax system. ACTEC also has a separate Foundation to accomplish charitable ends, and Holbrook served on that Board of Directors for six years.

Holbrook is a founding partner of Holbrook Peterson Smith PLLC, established in 1997, and has been practicing law for 36 years. An alumnus of Rollins College (BA and MBA), Willamette University Law School (JD), and the University of Miami Law School (LL.M.), Holbrook has received the highest rating awarded by Martindale–Hubbell for the last 26 years. He is certified as an estate planning specialist by the Tennessee Commission on Continuing Legal Education and Specialization, and has been selected by his peers to be included in The Best Lawyers in America for Trusts and Estates since 1989, and more recently for Representing Non-Profits. Holbrook was listed among the “top 150 lawyers in Tennessee” from 2004 to 2010 in Business Tennessee magazine, and has been listed regularly in Mid-South Super Lawyers and Tennessee Super Lawyers for both Estate Planning and Non-Profits.

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A Time to Be Born and a Time to Die: Pregnancy and End-of-Life Care

By Eddy R. Smith

Cite: Eddy R. Smith, A Time to Be Born and a Time to Die: Pregnancy and End-of-Life Care, TENN. BAR J., April 2014, at Page 28.

“To every thing there is a season, and a time to every purpose under the heaven: A time to be born, and a time to die …”

— Ecclesiastes 3:1-2

Two recent heart-wrenching news stories highlight the struggle between a woman’s constitutional right to refuse medical treatment and the state’s legitimate interest in protecting the life of her baby. The stories also serve as reminders of the importance of advance directives.

On Nov. 26, 2013, Marlise Munoz, a Texas woman 14 weeks pregnant, fell unconscious, did not breathe for one hour prior to being placed on a ventilator, and soon thereafter was declared brain dead.[1] It appeared that her baby had been deprived of oxygen and would not develop normally. Munoz had no written advance directive or living will, but her husband, Erick, who like Mrs. Munoz was a paramedic, asserted that she had made very clear to him that she did not want to be on life support.

Continue reading

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