Author name: Champagne Law

When a loved one passes away, the probate process can feel overwhelming especially if you’re navigating it for the first time. As a Gatlinburg probate lawyer who has helped families throughout Sevier County and Tennessee, I’ve seen common mistakes that delay the process, create unnecessary costs, and sometimes even cause disputes among family members that may ultimately require the expertise of a Gatlinburg litigation attorney. By avoiding these pitfalls, you can save time, money, and stress. 1. Not Filing the Will Promptly In Tennessee, probate begins when the will is filed with the Sevier County Probate Court. Waiting too long can result in administrative delays, missed deadlines, or even additional legal hurdles. Always file the will as soon as possible to begin the process. 2. Overlooking Required Notices The executor must notify creditors, beneficiaries, and other interested parties. Failure to provide the proper legal notice can lead to disputes or the reopening of probate later. Your probate attorney in Gatlinburg can ensure all notices are sent correctly and on time. 3. Skipping a Proper Asset Inventory Tennessee law requires a complete inventory of the deceased’s assets. Leaving items out intentionally or accidentally can cause disputes among heirs and delay distribution. This includes real estate, bank accounts, vehicles, and even sentimental personal property. 4. Ignoring Tax and Debt Obligations Probate includes paying debts, final bills, and any applicable IRS estate and gift taxes. Failing to settle these obligations before distributing assets can result in personal liability for the executor. 5. Trying to Handle Complex Probate Without Legal Help While small estates may seem straightforward, more complex situations such as blended families, business ownership, or out-of-state property may require the guidance of an experienced Gatlinburg wills and probate attorney. Without proper legal support, costly mistakes are more likely. How Champagne Law Firm Can Help At Champagne Law Firm, we handle every stage of probate from filing paperwork to distributing assets while ensuring compliance with Tennessee probate laws. We also provide estate planning services to help familiesavoid future probate complications. If you need help with a current probate matter or want to prepare your own will, call 865-228-8080 or contact us online to speak with an experienced Gatlinburg probate lawyer.

When creditors come calling, many business owners worry about their personal stake in a company. In Tennessee, the law provides an important safeguard through what is known as a charging order. For entrepreneurs, investors, and professionals with ownership interests in LLCs or partnerships, understanding charging orders is essential to protecting both your business and your livelihood. What Is a Charging Order? A charging order is a court order that allows a creditor to place a lien on an owner’s financial interest in a business. Rather than taking over the company or seizing assets directly, the creditor can only receive distributions—such as profits—that would otherwise have gone to the debtor. This makes the charging order a narrow but effective tool for creditors while protecting the operations of the business itself. How Tennessee Law Treats Charging Orders Under the Tennessee Revised Limited Liability Company Act (Tenn. Code Ann. § 48-249-509), a charging order is the exclusive remedy for creditors attempting to reach an LLC member’s interest. This means creditors cannot: For business owners, this is a powerful form of protection. It ensures that while creditors may be able to collect on judgments through distributions, they cannot dismantle or disrupt the business. Why This Matters for Business Owners If you are an LLC member or a partner in Tennessee, the charging order protection can be critical for preserving your investment. It allows your business to continue running smoothly, even if you or another member are facing personal financial difficulties. This protection is especially valuable for high-net-worth individuals, family-owned businesses, and closely held companies in areas like Sevierville, Gatlinburg, and Nashville. How Champagne Law Firm Can Help At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we advise business owners on strategies to protect their interests from creditor claims. From forming LLCs with strong operating agreements to navigating disputes and creditor actions, we help ensure your business remains secure. Kelly Champagne-Deutekom’s background as both a financial advisor and an attorney adds an extra layer of insight into asset protection, business structuring, and risk management. Taking the Next Step Whether you are starting a business, drafting an operating agreement, or facing creditor pressure, understanding charging orders is key to safeguarding your business. With the right legal strategy, you can keep creditors at bay while ensuring your company continues to thrive. Call Champagne Law Firm at 865-228-8080 or reach out online to schedule a consultation about asset protection, LLC formation, and business law in Tennessee. For more information on business filings, visit the Tennessee Secretary of State Business Services page.

For many people, the word “misdemeanor” sounds less serious than a felony—and while that’s true, it doesn’t mean misdemeanors should be taken lightly. In Sevier County, Tennessee, misdemeanor charges can still result in jail time, fines, probation, and a permanent criminal record. If you’ve been charged with a misdemeanor in Sevierville, Gatlinburg, Pigeon Forge, Nashville or the surrounding communities, it’s important to understand what’s at stake and how to protect your future. At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we represent clients facing misdemeanor and felony charges throughout East and Middle Tennessee. What Is a Misdemeanor in Tennessee? Under Tennessee law, misdemeanors are criminal offenses that are considered less severe than felonies but still carry serious penalties. Misdemeanors are divided into three classes: Can You Really Go to Jail for a Misdemeanor? Yes. In Tennessee—including Sevier County—jail time is a real possibility for a misdemeanor conviction, depending on the offense and circumstances. Even if a judge does not impose jail, you may face probation, community service, fines, or mandatory treatment programs. The risk of jail is higher if: Long-Term Consequences Beyond Jail Even if you avoid jail time, a misdemeanor conviction can still follow you. Consequences may include: How Champagne Law Firm Can Help At Champagne Law Firm, we know how overwhelming it can feel to face criminal charges—especially if it’s your first time in court. Our attorneys work to: With offices in Sevierville, Nashville, and Rogersville, we represent clients across East and Middle Tennessee, including Gatlinburg, Pigeon Forge, Sevierville, Nashville, Dandridge, Morristown, Jefferson City, Newport, Maryville, and Townsend. Contact Us If you’ve been charged with a misdemeanor in Sevier County, TN, don’t assume it’s “not a big deal.” Jail time, fines, and a permanent record are very real possibilities. To learn more about local court procedures, visit the Sevier County General Sessions Court. Contact Champagne Law Firm today at 865-228-8080 or reach out online to schedule a confidential consultation with an experienced criminal defense attorney.

When personal safety is at risk, Tennessee law provides a critical tool—orders of protection. Commonly known as restraining orders, these court-issued remedies are designed to stop abuse, stalking, harassment, or threats and to protect victims from further harm. At the same time, for individuals who have been served with an order, the stakes are equally serious: violations carry criminal consequences and can affect everything from employment to parenting rights. Whether you are seeking protection or responding to an order, understanding the process is vital. Who Qualifies for an Order of Protection? Tennessee law authorizes orders of protection for victims of domestic abuse, stalking, sexual assault, and certain other harmful conduct. Domestic abuse includes not only spouses and romantic partners but also former partners, roommates, and close family members. A person seeking protection may file a petition with the court. In urgent cases, a judge can issue a temporary ex parte order the same day before the accused party is even notified. This provides immediate protection. Within 15 days, a full hearing is scheduled where both parties have the opportunity to present testimony, evidence, and witnesses. The Tennessee Courts website offers forms, filing locations, and step-by-step instructions, but the process can still feel overwhelming without legal guidance. An experienced Rogersville order of protection lawyer can help ensure your petition or your defense is handled properly. What an Order Can Do An order of protection is more than just a “no contact” directive. Depending on the situation, a court may: Violating any of these provisions is a criminal offense. Beyond criminal penalties, a violation can affect professional licenses, background checks, and future legal matters. If You Are Seeking Protection The more evidence you provide, the stronger your case. Consider taking these steps: Document incidents: Keep a detailed log of dates, times, and descriptions of abusive or threatening behavior. Save evidence: Preserve text messages, emails, voicemails, social media posts, or photos that support your claims. Identify witnesses: Friends, neighbors, or coworkers who have seen or heard the conduct can provide powerful testimony. Act quickly in emergencies: If there is immediate danger, call 911. After filing, carry a copy of the order with you at all times. You may also want to inform your employer, school officials, or childcare providers so they can take precautions if needed. Having an attorney will help ensure your petition is persuasive and presented clearly to the judge. If You Have Been Served with an Order Being served with an order of protection can feel shocking and unfair. However, it is important to respond carefully. Ignoring the order or violating it even if you believe the allegations are exaggerated or false can lead to criminal charges. Steps to take include: Read the order thoroughly and follow it exactly, even if it feels inconvenient. Collect evidence such as texts, emails, or social media interactions that show consent or contradict the allegations. Identify witnesses who can testify on your behalf. Work with an attorney who can negotiate boundaries, prepare your defense, and represent you in court. Remember, an order of protection hearing is a civil proceeding, but violations are criminal matters. Having strong legal representation can help prevent collateral consequences to your job, family, and reputation. How Our Firm Can Help Orders of protection are often tied to larger issues like divorce, child custody, or criminal charges. Our attorneys understand how these cases overlap and take a comprehensive approach to protect your rights and your future. We recognize the stress these cases bring, and we strive to provide the guidance and advocacy you need. Contact a Rogersville Protection Order Lawyer Whether you need protection or are responding to an order, it is critical to act quickly and strategically. Our experienced attorneys at Champagne Law Firm handle these cases with the urgency and care they demand. Call 865-228-8080 today to schedule a confidential consultation.

Marriage is one of life’s biggest commitments, but it also brings together finances, property, and legal rights. For many couples, especially those with significant assets, business interests, or children from prior relationships, a prenuptial agreement offers clarity and peace of mind before the wedding day. What Is a Prenuptial Agreement? A prenuptial agreement, often called a “prenup,” is a written contract signed by both spouses before marriage that outlines how certain assets and debts will be handled if the marriage ends in divorce or death. In Tennessee, prenups are legally enforceable as long as they are entered into freely, with full financial disclosure, and without fraud or duress. Why Couples Choose Prenups Prenuptial agreements are not just for the wealthy they’re for anyone who wants to protect their financial interests and avoid future disputes. Common reasons for having a prenup include: In many cases, prenups help couples start marriage on a foundation of transparency and mutual understanding. Tennessee Law on Prenuptial Agreements Under Tennessee Code Annotated § 36-3-501, prenuptial agreements are enforceable if they are entered into freely, knowledgeably, and in good faith. Both parties must fully disclose their assets and liabilities, and the agreement must not be unconscionable at the time it is enforced. Courts will closely review prenups to ensure fairness and compliance with state law. When to Consider a Prenup While not every couple needs a prenuptial agreement, they can be especially important if: How Champagne Law Firm Can Help At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we draft and review prenuptial agreements tailored to your unique circumstances. Attorney Kelly Champagne-Deutekom combines her background as a former financial advisor with her legal experience to ensure prenups address not only property and debt, but also complex assets like investments, business interests, and retirement accounts. We focus on creating agreements that protect your interests while fostering transparency and fairness in your marriage. Taking the Next Step If you are planning to marry and want to protect your assets or clarify financial expectations, a prenuptial agreement may be the right choice. Call Champagne Law Firm at 865-228-8080 or contact us online to schedule a confidential consultation about prenuptial agreements in Tennessee.

When legal disputes arise, heading straight to court isn’t always the best solution. Mediation offers a faster, more private, and often less stressful way to resolve conflicts—whether it’s a divorce, business disagreement, or property dispute. If you’re in Sevierville or the surrounding areas, a Sevierville mediation attorney can help you reach fair resolutions without the burden of lengthy litigation. Why Choose Mediation? Mediation is a form of alternative dispute resolution (ADR) where a neutral mediator helps both sides negotiate a settlement. Unlike a judge, the mediator doesn’t make decisions but guides the process to find common ground. Mediation in Tennessee is: When Mediation Is Common in Sevier County Mediation is widely used in East Tennessee communities like Gatlinburg, Pigeon Forge, Nashville, Dandridge, Morristown, Jefferson City, Newport, Maryville, Townsend, and Rogersville for cases involving: Champagne Law Firm: Local Representation You Can Trust At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we guide clients through mediation with a focus on protecting their rights and achieving practical solutions. We prepare thoroughly, advocate for your interests, and ensure that any agreements reached are legally enforceable. Contact Us If you’re facing a dispute in Sevierville or the surrounding Smoky Mountain communities, mediation may be the best path forward. Contact Champagne Law Firm today at 865-228-8080 or reach out online to schedule a confidential consultation with a Sevierville mediation attorney.

When you create a trust as part of your estate plan, you are also choosing someone to carry out your wishes—the trustee. For families in Sevierville, Gatlinburg, Pigeon Forge, Nashville and across East and Middle Tennessee, understanding the role of a trustee is just as important as understanding the trust itself. A trust can only succeed if the trustee fulfills their responsibilities with care, honesty, and attention to detail. What Is a Trustee? A trustee is the individual or institution responsible for managing the assets placed in a trust. The trustee acts as the legal owner of the property, but they do not own it for themselves. Instead, they manage the assets for the benefit of the people named in the trust—the beneficiaries—according to the instructions laid out by the trust document. Duties of a Trustee Tennessee law imposes a “fiduciary duty” on trustees, meaning they must act in the best interests of the beneficiaries at all times. Some of the key duties include: Why the Choice of Trustee Matters Being a trustee is a serious responsibility. Some families appoint a trusted relative or friend, while others choose a professional, such as a bank or attorney, to ensure impartiality and experience. The wrong choice can lead to conflict, poor asset management, or even litigation. The right choice can provide peace of mind and smooth administration for years to come. How Champagne Law Firm Can Help At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we assist clients in selecting trustees, drafting trust terms, and advising trustees on their responsibilities. Our attorneys help ensure trustees understand their duties and remain in compliance with Tennessee law. We also represent beneficiaries when disputes arise, protecting their rights and ensuring the trust is administered properly. Taking the Next Step A trust is only as effective as the trustee who manages it. By understanding the role of a trustee and making careful choices, you can ensure that your estate plan works exactly as you intended. Call Champagne Law Firm at 865-228-8080 or reach out online to schedule a consultation about trusts, trustees, and estate planning in Tennessee.

For business owners in Tennessee, securing the right location is often one of the biggest decisions you’ll make. Whether you’re opening a storefront in Sevierville, setting up shop in Gatlinburg or Pigeon Forge, or expanding your operations into Morristown, Dandridge, Jefferson City, Newport, or Maryville, your success depends in part on the terms of your commercial lease agreement. At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we assist business owners and landlords throughout East and Middle Tennessee with drafting, reviewing, and negotiating commercial leases that protect their investments and minimize risks. What Is a Commercial Lease Agreement? A commercial lease is a legally binding contract between a property owner (landlord) and a business tenant. Unlike residential leases, which are often standard, commercial leases are highly negotiable and can include complex terms about: Because of their complexity, it’s critical to have a clear, well-drafted lease that reflects your business needs. You can review the statutory framework under Tennessee Code Annotated Title 66 – Property and Leases. Common Issues in Commercial Leases Without careful attention, business owners can find themselves bound by terms that put them at a disadvantage. Common pitfalls include: Why Legal Guidance Matters Commercial leases are not “one-size-fits-all.” What works for a retail shop in Pigeon Forge may not suit a restaurant in Sevierville or a warehouse in Morristown. Having a contracts attorney review and negotiate your lease helps ensure: For more resources on starting and managing your business, visit the Tennessee Small Business Development Center. Champagne Law Firm: Protecting Businesses in Tennessee At Champagne Law Firm, we represent both business tenants and property owners in lease negotiations and disputes. Our goal is to protect your financial interests and set the stage for a successful business relationship. With offices in Nashville, Sevierville, and Rogersville, we serve business clients throughout Middle and East Tennessee. Contact Us Before signing a commercial lease agreement, make sure your rights are protected. Contact Champagne Law Firm today at 865-228-8080 or reach out online to schedule a consultation. We can help you draft, review, or negotiate your commercial lease so you can focus on building your business with confidence.

Creating a will is one of the most important steps you can take to protect your family and your legacy. Yet many Tennesseans make mistakes that cause confusion, delay, or even disputes in probate court. If you’re in Sevierville, Gatlinburg, Pigeon Forge, Nashville or anywhere across East and Middle Tennessee, here are five mistakes to avoid when drafting your will and how Champagne Law Firm can help you plan with confidence. 1. Not Following Tennessee’s Legal RequirementsA will isn’t valid just because you wrote it down. Tennessee law has specific requirements for witnesses and signatures. Failing to meet these rules could mean your will is rejected in probate. 2. Forgetting to Update Your WillLife changes such as marriages, divorces, children, and new property acquisitions all impact your estate. Outdated wills often lead to disputes or unintended inheritances. 3. Leaving Out Key AssetsSome people assume certain assets, like retirement accounts or jointly owned property, don’t need to be addressed in their will. Without clear direction, these can become points of confusion or conflict. 4. Naming the Wrong ExecutorChoosing an executor is more than just naming someone you trust. That person must be organized, reliable, and able to manage both legal and financial responsibilities. Many problems arise when executors are unprepared or unwilling to serve. 5. Trying to Do It AloneOnline templates and handwritten notes may seem convenient, but they often create more problems than they solve. Working with an experienced estate planning attorney ensures your will is enforceable and tailored to your situation. At Champagne Law Firm, with offices in Sevierville, Nashville, and Rogersville, we help families across Tennessee create wills that stand the test of time. We understand the challenges, avoid the pitfalls, and provide peace of mind that your wishes will be honored. Call Champagne Law Firm at 865-228-8080 or reach out online to schedule a consultation about creating or updating your will in Tennessee.

East Tennessee is home to the Great Smoky Mountains National Park, one of the most visited national parks in the United States. Millions of people travel each year to Gatlinburg, Pigeon Forge, Sevierville, and the surrounding areas to enjoy hiking, scenic drives, and outdoor recreation. But many visitors are surprised to learn that citations issued inside the park are not handled like those in nearby cities or counties. If you receive a speeding ticket, DUI charge, or other citation from a National Park Ranger, your case will likely be handled in federal court, not Sevier County or the local city court. At Champagne Law Firm, we represent both visitors and locals who find themselves facing federal citations from their time in the park. How Park Citations Differ from Local Citations When you’re driving through Gatlinburg, Pigeon Forge, or Sevierville, a traffic stop typically results in a ticket that is handled in the municipal or county court system. However, once you cross into the Great Smoky Mountains National Park, you are on federal land. That means: Common Federal Citations in the Smokies Park Rangers have authority to stop vehicles, investigate violations, and issue citations. Some of the most common include: Why This Matters for Visitors Many visitors assume that a ticket in the Smokies is like a ticket in downtown Gatlinburg. The truth is, federal citations can carry much greater consequences and must be handled carefully. Ignoring a citation can result in additional fines, a warrant, and complications if you live out of state. If you’re visiting the area on vacation, your case may still require a court appearance in the federal courthouse in Knoxville or Greeneville. How Champagne Law Firm Can Help At Champagne Law Firm, we assist locals and visitors alike who have received citations in the Great Smoky Mountains National Park. Our legal team can: Attorney Kelly Champagne-Deutekom brings litigation experience and a deep knowledge of East Tennessee courts, including the unique federal rules that apply inside the national park. Final Thoughts While Gatlinburg, Pigeon Forge, and Sevierville may feel like vacation towns with local police and city courts, the moment you enter the Great Smoky Mountains National Park, you’re under federal jurisdiction. Citations from Park Rangers are handled very differently than those issued by local police—and the stakes can be higher. Contact Champagne Law Firm today if you’ve received a federal citation while visiting the Smokies. We proudly serve clients across Middle and East Tennessee with offices in Sevierville, Nashville, and Rogersville. We represent both residents and visitors facing charges. Call us at 865-228-8080 or contact us online to schedule a confidential consultation.