Q: How long do I have to take legal action against a builder or contractor for making negligent repairs to my home?
A: The law in Tennessee is that a homeowner has four years from the date of substantial completion of the repairs within which to bring an action. This time limit may be shortened, however, if the builder provides a written warranty. New home warranties typically limit such actions for breach of the warranty to one year.
Q: I am considering getting re-married, but I have accumulated some property and assets over the years while living single. Should I consider a prenuptial agreement?
A: Most people tend to regard a prenuptial agreement as a sign of skepticism in a romantic relationship and feel awkward proposing such a document to their soon-to-be spouse. To the contrary, if handled in an appropriate, legal manner, it can engender stability in a relationship. Oftentimes, a mutual prenup is a good way to introduce such an approach, particularly when one or both have children from a previous marriage.
Q: My aging parent has asked me whether I would be willing to serve as the Executor in her last will and testament. What kind of responsibilities would I be expected to undertake in this role?
A: An Executor, as the word implies, is the one who “executes” the wishes of the testator of a will. It is a responsible position and, depending on the size of the estate, usually requires the assistance of an attorney. It involves gathering all of the assets, liquidating any lawful debts and distributing the net proceeds to those named as beneficiaries in the will. It is – in one sense – the final service one can pay to a lost loved one.
Larry L. Crain is a trial attorney specializing in civil rights and constitutional law. Crain Law Group, PLLC, www.crainlaw.legal
