Corporate and Business Law

Ready to form a partnership or add an "Inc." or an "& Co." to your business? If so, call Harvill & Associates to assist you. Not only do we prepare the documents to form your business including partnership agreements or charters, we also prepare customized bylaws, director resolutions, and annual reports. We obtain your Federal Tax ID Number (EIN) and provide other customized services for your Tennessee business. In order to form a business you will have to do the following:

 

Choose a Name in accordance with Tennessee law:

The name that you choose:

 

Must be distinguishable from any other registered Tennessee business entity and any reserved names on record, subject to certain exceptions under state law. We can do a search to determine if your name is acceptable with the Secretary of State.

 

May not contain language stating or implying that it is associated with a government agency or organized for a purpose other than that permitted by state law and its charter.

 

Tennessee state law restricts the use of certain words and phrases in business names. Your business name choices are reviewed by us for compliance with applicable state laws.

Prepare the Correct Legal Documents to Form your Business:

Depending on the type of business you are forming in Tennessee, certain documents must be prepared in accordance with state law.

  • Partnerships

  • Limited Liability Partnerships

  • Corporations

    • Professional Corporations

    • S-Corporations

    • Professional Limited Liability Corporations

Each of these entities require written documents, properly signed and acknowledged, which we can prepare for you. After the formation of your new business, we can assist you with the quarterly and yearly needs of your business. These needs include recording your documents in the appropriate office, preparation of Annual Reports, yearly financial reports which include at least a year-end balance sheet, income statement and a statement of changes in shareholders' equity for the year. These are some but not all of the services we can provide to you and your business.

Estate Management

Below are common questions about wills, probate, and powers of attorney.

 

What is a Will?

A will is a legal document by which you instruct what is to be done with your property after your death. It must be properly signed and properly witnessed. Any person who is of sound mind and is eighteen (18) years of age may make a will in Tennessee.

What Happens If You Do Not Have a Will?

If you die without executing a will, Tennessee law - not you or your closest relatives or friends - will govern how your property is distributed.

  • If you are married and without children at your death, your estate will pass entirely to your surviving spouse.

  • If you are married and have children, your estate will pass to your children and your surviving spouse.

  • If you are unmarried but have children, your estate will pass entirely to your children.

  • If you are unmarried and without children, your estate will pass to your parents if they survive you, otherwise to your brothers and sisters.

  • Ultimately, if no family member is ascertained, the estate will pass to the State of Tennessee.

What is a Living Will?

A ""Living Will"" is a legal instrument that expresses your considered decision to refuse medical attention should you become terminally ill and unable to communicate your wishes.

What is a Durable Power of Attorney for Health Care?

A ""Durable Power of Attorney for Health Care"" allows you to appoint a person to make health care decisions for you should you be unable to do so for yourself.

What is a Durable Power of Attorney?

A ""Durable Power of Attorney"" allow you to appoint a person to make any decisions for you including financial decisions should you be unable to do so for yourself. A Durable Power of Attorney will continue even if you become incompetent which keeps your family from having to Petition the Court for a Conservatorship over your affairs.

What is Probate and Estate Administration?

Probate is the legal process by which a will is proved to be valid and decedents' debts are paid and assets distributed after they die. Because Tennessee laws direct the probate court how to distribute the deceased's estate, it is important to consult a firm with expertise in this area of the law to assist you in this process. Harvill & Associates handles all aspects of probate and estate administration including the preparation of all necessary estate, inheritance, and gift tax returns.

Family and Civil Mediation

Mediation is a way to resolve disputes prior to going to trial.

 

This method of alternative dispute resolution has been approved by the Tennessee Supreme Court and is often ordered by the Trial Court as a way to attempt a non-confrontational resolution of the issues at hand.

The parties will meet with a trained mediator whom has been approved by the Tennessee Supreme Court Commission and resolve the issues without participating in the rigors and costs of trial.

The process is important, especially in divorce cases with minor children, because the parties meet in a relaxed atmosphere and attempt to resolve their issues without the strict rules of the Tennessee Rules of Civil Procedure and Evidence.

This practice permits the parties to ""own"" the argument themselves rather than have the attorneys argue to a solution. About 85-90% of all court cases are settled prior to trial.

Family Law

Most people think the practice of Family Law is limited to divorce litigation. Unfortunately, it is not. Although divorce is a common condition to today's society, Family Law is more expansive. Consider, for instance, the following issues you may need to address with us:

 

  • Paternity Establishment

  • DNA Testing;

  • Visitation;

  • Child Support;

  • Grandparent Visitation;

  • Order of Protection;

  • Domestic Violence;

  • Phone Harassment;

  • Dependency & Neglect Petition;

  • Department of Children's Services Safety Plan;

  • Adoptions;

  • Pre-nuptial Agreements;

  • Mediation;

  • Post-Divorce Issues.

If you need assistance in any of these areas please do not hesitate to contact our firm. We are known for successfully fighting for our clients' rights and interests. We devote our time and all of our resources in representing each of our clients to the best of our ability. Further, we are sensitive to each client's needs. We will respect your decisions and will help you through some of life's most difficult times.

 

The lawyers at Harvill & Associates, PC are committed to supportive and aggressive representation of each of our clients. We represent clients in family law cases in not only Hickman County but as well as the surrounding counties. We handle all related matters including child custody, support, alimony, visitation and property division. We also handle adoptions, both private and through the Department of Children's Services.

If you need assistance in any of these areas we invite you to contact Harvill & Associates, PC.

Litigation

The attorneys at our firm have tried jury and non-jury trials as well as presenting alternative resolutions to trial. We also handle civil and criminal appellate work and appeals.

Real Estate
Buying Real Estate

The following checklist will assist you in planning and coordinating your next purchase.

 

  • Please provide us with a copy of the sales contract, your and the buyer's contact information including addresses and social security numbers, and identify your choice of hazard insurance carrier.

  • Work with your lender to ensure that loan commitment requirements are satisfied.

  • Confirm that funds required for settlement are available in the form of a Cashier's Check, Certified Check or Wire Transfer. Please make all checks payable to Harvill & Associates, PC.

  • Contact appropriate utility companies to connect service in your name as of the settlement date.

  • Submit a ""Change-of-Address"" card to the Post Office.

  • Advise us if one of the parties cannot attend settlement.

  • Please do a final inspection of the real property and home if applicable.

  • Bring photo identification and your social security card to closing. Even if you have used our office in the past, the Patriot Act now requires we photo copy your ID.

Selling Real Property

The following checklist will assist you in planning and coordinating your next sale.

 

  • Please provide us with a copy of the sales contract, your and the buyer's contact information including addresses and social security numbers.

  • Provide us with information on your existing mortgage and homeowners or condominium association.

  • Provide us with your forwarding address.

  • Contact appropriate utility companies to disconnect service as of the settlement date.

  • Bring to settlement your house and mailbox keys, garage door openers, useful information on appliances, as well as special recreational information concerning your home, such as pool or club house passes.

  • Advise us if one of the parties cannot attend settlement.

  • Bring photo identification and social security card to closing even if you have used our office before. The Patriot Act requires that we have a copy of this information.

Refinancing Real Property

The following checklist will assist you in planning and coordinating your next refinance.

 

  • Refinance Settlement Checklist if available from your Lender.

  • Provide us with information on your existing mortgage and homeowners or condominium association.

  • Work with your lender to ensure loan commitment requirements are satisfied.

  • Confirm that funds required for settlement are available in the form of a Cashier's Check, Certified Check or Wire Transfer. Please make all checks payable to Harvill & Associates, PC.

  • Advise us if one of the parties cannot attend settlement.

  • Bring photo identification to closing even if you have used our office before.

Questions About Title Insurance

At Harvill & Associates, we are agents for Old Republic National Title Insurance. You should consider this product. The following explains the many reasons why.  

 

Why Do You Need It?

Buying a new home is one of life's most gratifying experiences. As you approach the big day of closing, however, all the details can be a little overwhelming. You might easily overlook the single most important step in the entire process - the purchase of Title Insurance on the wonderful new home of yours.

What is a Title?

A title is the evidence, of right, that a person has to the ownership and possession of land. It is possible that someone other than the owner has a legal right to the property. If that right can be established, this person can claim the property outright or make demands on the owner as to its use.

Do I need Title Insurance?

Most definitely! Title insurance is a means of protecting yourself from financial loss in the event that problems develop regarding the rights to ownership of your property. There may be hidden title defects that even the most careful title search will not reveal. In addition to protection from financial loss, title insurance pays the cost of defending against any covered claim.

What can make a Title Defective?

Any number of problems that remain undisclosed after even the most meticulous search of public records can make a title defective. These hidden ""defects"" are dangerous indeed because you may not learn of them for many months or years. Yet they could force you to spend substantial sums on a legal defense, and still result in the loss of your property.

But the lender already requires Title Insurance, won't that protect me?

Not necessarily. There are two types of Title Insurance. Your lender likely will require that you purchase a Lender's Policy. This policy only insures that the financial institution has a valid, enforceable lien on the property. Most lenders require this type of insurance, and typically require the borrower to pay for it.

An Owner's Policy on the other hand is designed to protect you from title defects that existed prior to the issue date of your policy. Title troubles, such as improper estate proceedings or pending legal action, could put your equity at serious risk. If a valid claim is filed, in addition to financial loss up to the face amount of the policy, your owner's title policy covers the full cost of any legal defense of your title.

How much does Title Insurance cost?

The one-time premium is directly related to the value of your home. Typically, it is less expensive than your annual auto insurance. It is a one-time only expense, paid when you purchase your home. Yet it continues to provide complete coverage for as long as you or your heirs own the property.

When should I look into purchasing Title Insurance?

Call Harvill & Associates, PC as soon as you and the seller sign the earnest money contract. With a brief summary of the details, our team will begin a search of the public records and issue a title commitment. Because there are a number of steps we must take to make certain that we know all we can about the title, it is wise to get started as soon as possible.

 

931-729-4659

820 TN-100
Centerville, Hickman County 37033
USA

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