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FEBRUARY 2023
It Pays to Be Kind HOW SMALL ACTIONS ADD UP
What does it cost us to be kind? In most cases, very little — but it can make a world of difference to someone else. February 17th is Random Acts of Kindness Day, but we should all help and support each other as much as possible every day of the year. Life is as hard as you make it. When we wake up each morning, we all choose how we treat each other. Life moves quickly, and we’re usually all wrapped up in our own little worlds. But we interact with countless people daily, impacting them in some small way.
their whole day or week around. We often underestimate how our kindness affects others. There have been instances where I’ve had a rough day in Court, stopped by the grocery store to pick up some items afterward, and a random person stops to tell me that I look nice or am sharply dressed. It was literally a three-second interaction with a total stranger and such a small thing, but that compliment immediately put me in a better mood. The other person probably immediately forgot about it and had no clue about the positive effect that comment had on the rest of my day, but I certainly didn’t forget. And while we should do nice things for people without expecting anything in return, we also receive benefits from our kindness. If I’m in a bad mood, I try to turn it around by doing something nice for someone. Perhaps I compliment someone or give money to a homeless person. Whatever it is, the smile on their face improves my attitude immediately and turns a negative situation into a positive one.
Whether they’re our coworkers, friends, family, fellow shoppers at the grocery store, or another driver stuck in traffic, our actions toward others matter. We never know what someone else is going through, and people around us deal with losing loved ones, illnesses, and divorce. All those factors impact their behaviors, and we can choose to be forgiving and generous in the face of their trials and tribulations.
Here’s another example of the derivative benefits of acts of kindness. I often receive letters of recommendation requests from young staff members
I attended a workshop last month in San Antonio, Texas, that focused on the improvement of law firm
processes and system development and refinement. During a training session, one of the presenters spoke about the unforeseeable consequences of our actions and the law of cause and effect. This got me thinking about the fact that every single one of us possesses the ability to possibly turn someone else’s day around just by simple, fundamental human interactions with our peers and random acts of kindness. Imagine a person is stressed at work and maybe they are feeling unappreciated by their spouse or kids. They might go home after a stressful day at the office, get into an argument with their spouse or kids, and say or do things they regret because of work stress coupled with pre-existing feelings of not being appreciated at home. But what if on that same day, this person’s coworker or boss gave them a $10 Starbucks gift card and encouraged them for a job well done? There’s a good chance that a random act of kindness elevated the person’s mood, made them realize that people do care and do appreciate their work, and resulted in the individual avoiding a conflict at home.
at our office, whether the requests are for graduate school or law school. I’m happy to write these letters for my employees, but there’s more than one way to go about it. You can have a form letter prepared with a few blank spaces to fill in, or you can go above and beyond with specific anecdotes and personal testimonies about why this individual would be a great candidate to be accepted into a program. I’ve done the latter several times in the past weeks and seen my employees be blown away reading the letters. It made their day. I didn’t write those letters hoping for a reward, but it did make me feel good. I also see those same people increasing productivity and doing exceptional work because they want to live up to what I’ve said about them. That’s a double-win. When you put kindness into the world, you tend to receive good things in return — and we could all use a little more kindness. So, on February 17th and on the days that follow, try it out! Do something kind for someone and see the results of these random acts of kindness.
There’s so much negativity in the world — why add to it? Even if you don’t change someone’s life, you can still put a smile on their face, which could turn
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5 FEEL-GOOD MOVIES
TO CHASE AWAY THE BLUES
Are you stuck in a TV rut and starting to feel down in the dumps? (Thanks, seasonal depression.) If so, check out one of these heartwarming movies for a pick-me-up. 1. ‘RESCUED BY RUBY’ — If your family loves dogs, this kid-friendly flick will be a real crowd-pleaser. It stars a pup named Ruby, who starts life as a shelter dog. After a state trooper rescues her, she becomes a search- and-rescue worker who finds and saves people. A true story inspired the uplifting tale, and according to some reviews, you may want to have tissues ready. 2. ‘YES DAY’ — Imagine spending an entire day saying “yes” to everything your kids requested. Congratulations: You’ve stepped
their kids’ wildest desires and watch family bonding magic unfold. The Raising Children Network recommends this movie for adults and older kids only. 3. ‘CHICKENHARE AND THE HAMSTER OF DARKNESS’ — The plot of this animated movie is as creative as its title! It follows a cartoon hero named Chickenhare, who is 50% rabbit, 50% bird, and 100% confused about his place in the world. He’s also on a quest with friends to defeat his evil uncle before it’s too late. Think of the film as a funny, adventurous, family-friendly take on the classic tale “The Ugly Duckling.”
former beauty queen whose daughter, Willowdean, doesn’t fit conventional beauty standards. When Willowdean enters her mom’s pageant in a protest complete with dancing and Dolly Parton tunes, she sparks a small-town revolution. This movie is recommended for children ages 13 and up. 5. ‘WE CAN BE HEROES’ — Since its release in 2020, this superhero movie has quickly become a family favorite. The story opens with an aliens-versus-superheroes showdown, and when the aliens win and take the heroes hostage, their kids come to the rescue. As the title implies, the film will leave you feeling like you can be a hero, too.
4. ‘DUMPLIN’’ — Mashable called
“Dumplin’” “the definition of sweet.” The movie stars Rosie (played by Jennifer Aniston) as a pageant-obsessed
into the plot of “Yes Day”! In this film, parents Alison and Carlos go along with
The Bottom Line
UNDERSTANDING YOUR DUTIES AS AN EXECUTOR
Being named an Executor in someone’s Last Will and Testament can feel like an honor, but the responsibility of serving as Executor on an estate can quickly become a burden after a loved one’s death. Some people are shocked to learn they were named as an Executor without prior warning. Regardless of whether or not they wanted the job, many new Executors find themselves overwhelmed by the responsibilities they now hold when it comes to estate administration. Executors have multiple obligations to the deceased person’s estate, and failing to fulfill those obligations correctly or honestly can have legal consequences. The estate administration process can take months or even years to complete, depending on the complexity of the estate. So, what exactly does an Executor do?
Decedent’s will is referred to as “Admitting the Will to Probate.” Once a Will has been admitted to probate and the Court has officially appointed the Executor to serve on the estate, the estate administration process formally begins. The Executor must start by taking a complete inventory of all estate assets. Estate assets may include real estate, vehicles, financial assets such as bank accounts, stocks or retirement accounts, and personal property not jointly owned by a person who survived the Decedent. This process can be time-consuming and cumbersome, depending on the deceased’s record-keeping and organizational skills. Executors must also notify heirs, potential estate beneficiaries, and creditors. Sometimes, locating these individuals is straightforward, but other times, it’s surprisingly tricky. Anyone administering an estate must make good-faith efforts
Finally, the Executor must ensure payment of all valid Estate debts and distribute assets according to the terms of the Will prior to closing the estate. While Executors may possess statutory powers to act on behalf of the estate, and by extension, the estate beneficiaries, Executors do not possess the authority to deviate from the terms of the Decedent’s will. They must administer the estate faithfully in accordance with the terms of the Will and state law. Failure to do so, or the impression of impropriety, can result in legal action from the estate’s heirs or in some instances, personal liability for the Decedent’s debts. You likely have many challenges ahead if you’ve been named an Executor in a loved one’s estate plan. Administrators, individuals appointed by the Court to administer estates in which the Decedent died without a Will, might face even more battles. Therefore, we recommend having an experienced attorney guide you through the process. At Douglass & Runger, we’ve helped administer countless estates and will be glad to help you understand your responsibilities and the best path forward. Don’t let the process overwhelm you; call us today at 901-388-5805 for assistance.
Their first responsibility is to present the Deceased’s will to the Court for probate. The Court must validate the will by ensuring the document meets all of the criteria of Tennessee law before the probate process begins. The legal process of a Judge authenticating and validating a
to contact all heirs to notify the heirs of the opening of the estate. Similarly, Executors must take reasonable steps to notify known creditors who may need to file a claim against the estate for the Decedent’s unpaid debts.
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Can a Minor Receive an Inheritance? It’s Complicated.
Chocolate Pots de Creme
It’s a scenario that often keeps parents up at night: “How will my children be supported if something happens to me?” A desire to see their kids cared for inspires many parents of minor children to create an estate plan in the first place. But Tennessee considers minors of any age incapable of managing their assets. So, what happens to the money you’ve carefully laid aside for your minor children if you die before your children reach the age of 18? First, let us remind you why all parents should have an estate plan. An estate plan, whether it is a simple estate plan with a Will or a more complex estate plan with a Trust, allows you to nominate a guardian for your children if both parents pass away. Just as crucially, an estate plan allows you to create the terms and conditions under which your assets will be used to care for your children. Failing to create an estate plan will produce less-than-ideal results in the event of your death or incapacitation, with the Court appointing a guardian on your behalf if you are incapacitated and appointing a guardian for your minor children in the event you die before your children reach the age of majority. In most cases, the child’s guardian and property guardian are the same person, but exceptions exist. Children also cannot receive funds directly as the beneficiary of a life insurance policy, IRA, or investment account, so these assets will also fall under the purview of the property guardian. But by creating an estate plan, parents have much more control over who will care for their minor child’s financial assets. For example, parents can choose to appoint a property guardian (Guardian of the Estate) or a Trustee to hold assets for their minor children, in addition to a guardian who will be charged with the day-to-day responsibilities of caring for their children (Guardian over the Person) in their will. The Guardian of the Estate or Trustee must follow specific rules when managing, spending, and selling the child’s assets. Parents can also arrange custodianship under the Uniform Transfers to Minors Act. The custodian can manage, spend, and invest the assets without approval, so long as they act honestly and in good faith. A Trust provides the most protection over a parent’s wishes. It allows them to specify how the funds can and can’t be used throughout their kids’ childhoods and when and how their children will receive ownership of the funds in adulthood. A Trust also protects the children’s inheritance from creditors or even their spouses in the event of a divorce.
Inspired by FoodNetwork.com
Impress your valentine with a chilly chocolate treat! This smooth custard is easy to make and the perfect dessert to end a romantic night at home.
INGREDIENTS • 9 oz high-quality semisweet chocolate, chopped • 1 1/2 cups whole milk • 1 1/2 cups heavy cream, divided • 6 large egg yolks
• 5 tbsp granulated sugar (add an extra tbsp if using bitter chocolate) • 1/4 tsp salt • 1 tbsp powdered sugar
DIRECTIONS 1. Place chopped chocolate into a blender. 2. In a heavy-bottomed medium saucepan, whisk the milk, 1 cup of cream, egg yolks, granulated sugar, and salt over medium heat. Cook, constantly stirring with a spatula until the mixture is almost boiling, 5–6 minutes. Immediately pour the milk mixture over the chocolate in the blender. 3. Cover and blend until smooth. 4. Divide the mixture among ramekins or small cups and refrigerate until set (about 2 hours). 5. Whip the remaining 1/2 cup cream and the powdered sugar with a mixer until soft peaks form. 6. Top chilled pots de creme with whipped cream and serve. INSPIRATION “Love is the magician that pulls man out of
Every circumstance is different, but there’s much to consider when naming children as beneficiaries or heirs to your assets. Be sure to discuss your options with one of our experienced estate planning attorneys by calling us at 901-388-5805 to schedule a strategy session, so you can make the best choice for your family.
his own hat.” —Ben Hecht
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1 Making a Difference Through Kindness 2 A Cinematic Cure for Seasonal Depression Inside This Issue
What Are an Executor’s Responsibilities?
3 When Minors Are Heirs
Chocolate Pots de Creme 4 Brushing Up on Cruise Etiquette
All Aboard! KNOW YOUR CRUISE ETIQUETTE BEFORE SETTING SAIL
After a slump in 2020 and 2021, cruises are back in a big way. If you’re planning your first onboard adventure — or it’s been a while since you last set sail — now is the time to brush up on your cruise
ship etiquette. Every passenger should read their cruise line’s policies to ensure they know all the specifics before climbing aboard. In the meantime, we’ve listed some of the most essential do’s and don’ts for the savvy traveler. KNOW WHAT TO WEAR. Some cruise lines aim for a fancy atmosphere, while others prefer a casual approach. Ideally, review the dress policy before you book your trip. Bring at least one formal outfit in your luggage for dinner, which tends to have an upscale vibe. The rest of your cruise wear should be casual but tasteful, leaving you looking put together. Most importantly, don’t overpack — the stateroom is smaller than you think. DON’T BE A CHAIR HOG. Everyone wants a prime spot on the sundeck, but you’ve got to rise early in the morning to get one.
That’s fine if you can manage it, but “saving” a seat by putting a towel on it and then wandering away for breakfast or a mani-pedi is the best way to get on your fellow travelers’ bad side. Your cruise may also have a policy against it. Going to the bathroom is one thing; you’re only human. Otherwise, if you want the seat, stay in it. BE ON TIME. Treat your cruise ship like an airplane — if you’re not on time, it’s probably leaving without you. And if you are lucky enough to have the ocean liner wait, your fellow passengers won’t look at you kindly. Set your watch to ship time (not local time) and prepare to be back an hour before the deadline. That way, if you happen to be late, you’ll still be on time. You may miss out on an extra drink or souvenir shop, but nothing will ruin your cruise faster than being left behind at the dock.
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