Comprehensive Guide to Estate Planning and Real Estate Matters in Fairmount, TN
At Jay Johnson Law Firm we help Fairmount residents with estate planning and real estate matters tailored to Tennessee law. Whether you are preparing a will, arranging a trust, reviewing property contracts, or navigating closing paperwork, our approach focuses on clear communication, careful documentation, and practical solutions. We explain options in plain terms so you can make informed choices about protecting assets, transferring ownership, and planning for incapacity. If you have questions about how state rules affect your family or property, we provide straightforward guidance and a plan that fits your circumstances and goals.
This page outlines key topics homeowners and families in Sullivan County should consider when planning their estates or handling real estate transactions. You will find information about legal definitions, common processes, comparisons of limited versus comprehensive planning, and reasons to consult a lawyer early. Our goal is to demystify the steps required to secure property interests and provide lasting protection for loved ones. For personal assistance, contact Jay Johnson Law Firm in Hendersonville to discuss the specific details of your situation and next steps under Tennessee law.
Why Estate Planning and Proper Real Estate Documentation Matter in Fairmount
Having clear estate plans and accurate real estate documents reduces uncertainty, limits disputes, and helps preserve property for intended beneficiaries. Well-prepared documents can direct how assets are managed if someone becomes incapacitated, provide for children or other family members, and reduce the administrative burden during probate. In real estate matters, properly drafted contracts and title reviews prevent delays at closing and protect buyers and sellers from unexpected liabilities. Thoughtful planning provides peace of mind and helps families avoid costly mistakes at emotionally difficult times.
About Jay Johnson Law Firm and Our Approach to Client Matters
Jay Johnson Law Firm serves Tennessee clients from Hendersonville with a focus on estate planning and probate, as well as residential real estate matters throughout Sullivan County. The firm emphasizes client-centered service, careful document preparation, and proactive problem solving. We work with clients to build practical plans that reflect their values and goals, provide clear explanations of relevant state laws, and handle transactional details from contract review to closing support. Our practice aims to make legal processes manageable and predictable for families and property owners in Fairmount.
Estate planning and real estate services intersect when property ownership, transfers, and personal planning come together. Estate planning covers wills, trusts, powers of attorney, and health care directives that determine how assets are managed and distributed. Real estate services handle purchase agreements, seller disclosures, title matters, and closings that affect ownership and value. Together these services ensure that property is transferred according to a client’s wishes and that legal issues are addressed before disputes arise. Knowing how these areas interact helps Fairmount residents protect family wealth and avoid unnecessary legal hurdles.
For many households, the most important outcome is maintaining continuity of residence and access to funds needed for care or maintenance. Estate planning documents can make real estate transitions smoother by specifying beneficiaries, transfer methods, and authority for decision making. Meanwhile, careful review of contracts and title documents prevents surprises during a sale or purchase. Clients benefit from planning that coordinates both estate and property matters so that wishes are honored, transfers are efficient, and the likelihood of litigation after a death or contested transaction is reduced.
Key Definitions: Wills, Trusts, Powers of Attorney, and Property Documents
A will is a legal document that sets out how a person’s assets should be distributed at death and can name guardians for minor children. A trust allows ownership of assets by a fiduciary for the benefit of named beneficiaries and can avoid probate for assets properly titled. Powers of attorney grant someone authority to handle finances, while health care directives instruct medical decisions if an individual cannot speak for themselves. In real estate, deeds transfer ownership, title reports reveal encumbrances, and purchase agreements set the terms for sale. Each document serves a unique role in a complete plan.
Core Elements and Common Processes in Estate and Real Estate Matters
Typical steps include identifying assets, selecting beneficiaries, preparing and signing documents, and ensuring property ownership aligns with the estate plan. For real estate transactions, common processes include negotiating purchase terms, conducting title searches, ordering inspections, and completing closing procedures. Estate plans often require periodic review and retitling of property where necessary to match the plan’s goals. Proper execution, witness requirements, and recording deeds where needed are practical steps that help prevent later disputes and ensure the client’s wishes are carried out effectively.
Glossary of Important Estate Planning and Real Estate Terms
Below is a short glossary to help you understand frequently used terms in estate planning and real estate matters. Familiarity with these terms can help you follow conversations with attorneys, title companies, and lenders, and help you make informed choices. If any term seems unclear, ask for a plain-language explanation tailored to your situation. A clear understanding of the terms used in documents and transactions reduces the risk of misunderstandings and helps protect your property and family interests.
Will
A will is a written legal declaration expressing a person’s wishes for property distribution after death, and it may nominate an executor and guardians. Wills generally must meet state formalities such as signatures and witness attestations to be valid. In Tennessee, a will directs how probate court distributes assets that are solely in the deceased person’s name. Wills do not cover assets held in certain trusts or jointly owned property unless the title is changed. Regular updates to a will are advisable when family or financial circumstances change.
Trust
A trust is an arrangement where property is managed by a trustee for the benefit of named beneficiaries according to the trust’s terms. Trusts can be used to manage assets during incapacity, provide for minor beneficiaries, or avoid probate for assets properly placed in the trust. There are different types of trusts with varying tax and administration features. Funded trusts require retitling assets into the trust’s name, and failing to transfer ownership can lessen the trust’s intended benefits. Careful drafting and funding are necessary for trusts to function as intended.
Power of Attorney
A power of attorney is a legal document that grants another person authority to act on behalf of the signer for financial matters or health care decisions. There are durable powers that remain effective if the signer becomes incapacitated and limited powers that apply to specific transactions or time periods. Choosing someone trustworthy and reviewing how the power is worded are important steps. The document can reduce delays in paying bills, managing property, or handling urgent matters when the principal cannot act directly.
Title and Deeds
Title refers to the legal ownership of property, while a deed is the document used to transfer that ownership. Title searches and title insurance help identify liens, easements, or other claims that might affect the property. Accurate deed preparation and proper recording at the county register of deeds protect ownership rights. When preparing an estate plan or completing a transaction, confirming current title status and making any necessary transfers helps ensure that assets pass as intended and prevents challenges during probate or sale.
Comparing Limited and Comprehensive Approaches to Estate and Property Planning
A limited approach might address only immediate needs like a simple will or a single transaction, while a comprehensive approach coordinates wills, trusts, powers of attorney, and property titling to achieve longer-term goals. Limited plans can be quicker and less costly upfront but may leave gaps that cause uncertainty or additional expenses later. A comprehensive plan may require more initial work but can provide greater clarity, smoother transfers, and better protection for family members. Choosing the right approach depends on family complexity, asset types, and long-term intentions for property.
When a Narrow or Transaction-Focused Plan Makes Sense:
Simple Estates with Clear Beneficiaries
A limited approach can be appropriate for households with modest assets and straightforward wishes, such as leaving everything to a spouse or adult child without complex distributions. In such situations, a simple will and a power of attorney may address the most immediate concerns without the need for trust structures. If property is jointly owned with rights of survivorship or retirement accounts have designated beneficiaries, fewer additional documents may be required. Periodic review ensures the plan still reflects current wishes and any changes in family circumstances.
Single Transaction Needs
A limited legal service can also be suitable when the focus is a single real estate transaction, such as reviewing a purchase contract, handling closing paperwork, or resolving a title concern. In these cases, targeted assistance helps avoid errors and protect the client’s interests without building a full estate plan. The goal is to complete the transaction cleanly, address any immediate title issues, and provide clear next steps for documenting ownership. If additional planning needs emerge, the matter can be expanded into a more comprehensive plan later.
Why a Coordinated, Comprehensive Plan Often Provides Stronger Protection:
Multiple Properties or Complex Family Situations
When families own multiple properties, have blended family arrangements, or expect significant fiduciary responsibilities for a trustee or executor, a comprehensive plan reduces ambiguity and conflict. Coordinated documents and proper titling ensure assets transfer according to the client’s goals and minimize family disputes. This approach can include trusts to manage distributions, detailed instructions for property transfers, and contingency planning for incapacity. A thorough plan anticipates potential problems and addresses them proactively to preserve family relationships and property value.
Protection From Probate-Related Delays and Costs
Comprehensive planning often reduces time and expense associated with probate by coordinating asset ownership and using instruments that transfer property outside of probate court. For real estate, proper titling and trust funding can allow a smoother transition of ownership without lengthy administration. This approach also clarifies decision-making authority during incapacity, enabling timely management of property and finances. By minimizing court involvement and potential disputes, comprehensive plans help families preserve asset value and expedite distribution to intended beneficiaries.
Benefits of a Coordinated Estate and Real Estate Plan
A coordinated plan provides clear directions for property transfer, reduces uncertainty for heirs, and limits the administrative burden on family members. When documents and property titles align with a client’s wishes, transitions after incapacity or death are more predictable and less expensive. This clarity supports timely management of ongoing property expenses and maintenance, preventing deterioration of real estate value. A comprehensive approach can also help ensure minor children are cared for as intended and that specific bequests are honored without lengthy court intervention.
Beyond probate savings, coordinated planning helps minimize disputes among family members by documenting intentions clearly and establishing decision-making authorities. It also enables more effective tax and creditor planning where appropriate, and can provide a framework for long-term stewardship of assets. By addressing both estate documents and real estate titling together, clients reduce the risk of assets unintentionally passing outside the desired plan. This integrated perspective supports continuity and gives families a practical path forward during transitions.
Greater Certainty for Property Transfer
A comprehensive plan ensures property passes to intended beneficiaries with fewer surprises by aligning deeds, beneficiary designations, and estate documents. This reduces the chance that a transfer will be contested or delayed, and makes the process more straightforward for family members tasked with administration. Clear instructions help avoid misinterpretation of the deceased person’s wishes and assist in resolving competing claims. Proper documentation also facilitates dealings with banks, title companies, and courts when action is required after incapacity or death.
Improved Continuity of Asset Management
Comprehensive planning designates who can manage assets and property if the owner becomes incapacitated, which prevents gaps in bill payment, mortgage obligations, and property upkeep. Powers of attorney and trustee provisions allow appointed persons to act promptly on behalf of the owner, avoiding costly delays that could harm property value. This continuity preserves the condition and marketability of real estate and helps family members avoid emergency legal measures. Thoughtful planning supports ongoing stewardship and responsible handling of household finances.
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Practical Tips for Estate Planning and Real Estate in Fairmount
Review Property Titles Early
Confirming how property is titled is one of the simplest ways to avoid surprises later. Joint ownership, beneficiary designations, and improperly recorded deeds can all impact who receives property and how it must be administered. Reviewing titles early allows you to correct ownership records, add or remove names where appropriate, and ensure that any intended transfers align with your estate plan. This preemptive step prevents last-minute complications during a sale, closing, or probate administration and helps ensure ownership follows your wishes.
Keep Documents Updated as Circumstances Change
Communicate Your Plan with Trusted Individuals
Sharing general information about your plan with chosen representatives and family members can prevent confusion and reduce conflict later. Letting the person named to make financial or health care decisions know where documents are stored and what your key wishes are helps them act decisively when needed. While the details of your plan are private, clear communication about responsibilities and location of documents helps ensure continuity and avoids delays in paying bills, maintaining property, or carrying out your intentions after incapacity or death.
When to Consider Estate Planning and Real Estate Legal Help in Fairmount
Consider legal assistance when you purchase or sell property, begin planning for retirement, or face health or family changes that affect decision making. Real estate transactions involve important deadlines, disclosures, and title issues that benefit from careful review. Estate planning is important when you want to name guardians, protect minor beneficiaries, ensure smooth asset transfer, or appoint someone to manage your finances in case of incapacity. Early action helps avoid rushed decisions and reduces the risk of errors that can be costly or contentious for survivors.
You should also consider legal help if you own property in multiple names, have a blended family, or expect business or real estate interests to pass to heirs. These circumstances often require tailored documents to avoid unintended consequences. Legal assistance helps align property titles with distribution goals, establish management authority, and create contingency plans that address age, capacity, and changing tax rules. Sound planning fosters certainty for family members and saves time and expense during administration or a real estate transfer.
Common circumstances include buying or selling a home, updating a will after marriage or divorce, establishing a trust to manage property for children, or preparing for long-term care needs. Homeowners often seek help when title issues arise, such as liens or unclear ownership, or when they want to ensure a surviving spouse can remain in the home. Families also rely on legal guidance when facing probate administration after a death, or when a property transfer is needed to fund a trust or meet beneficiary intentions.
Real Estate Transactions
Buying or selling residential property involves contract terms, inspections, title clearance, and closing procedures that can affect your financial interests and ownership rights. Legal review ensures contracts reflect agreed terms and that any contingencies are clearly stated. Addressing title or boundary concerns before closing avoids costly disputes later. Whether selling or purchasing, timely legal assistance helps protect your interests, manage deadlines, and ensure the transfer is completed with clear documentation and appropriate recordings at the county level.
Preparing for Incapacity
Preparing for incapacity includes executing powers of attorney and health care directives to ensure someone you trust can make decisions for finances and medical care. Without these documents, family members may face delays or court proceedings to obtain authority to act. Planning ahead allows continuity in managing mortgage payments, property maintenance, and other obligations. Clear directives also provide guidance to medical providers and caretakers about personal wishes, reducing uncertainty and making it easier to implement a care plan when capacity is lost.
Passing Property to the Next Generation
Transferring property to heirs raises questions about tax consequences, title transfers, and how to support minor or dependent beneficiaries. Trusts, beneficiary designations, and precise deed provisions can reduce delays and ensure assets are managed and distributed according to intentions. Planning ahead also considers creditors and potential disputes that can delay transfers. Clear instructions and properly executed documents protect the value of property and provide heirs with an efficient path to ownership and administration when the time comes.
Local Legal Guidance for Fairmount Residents
Jay Johnson Law Firm serves Fairmount and surrounding communities with focused attention to estate planning and real estate matters under Tennessee law. We help homeowners and families prepare documents, review contracts, and coordinate transfers so that personal wishes are honored and property transactions proceed smoothly. Our approach emphasizes timely communication, practical document drafting, and ensuring all steps are completed correctly. If you want assistance organizing legal documents or handling a real estate matter, reach out to schedule a consultation and discuss next steps for your situation.
Why Choose Jay Johnson Law Firm for Your Estate and Real Estate Needs
Clients choose our firm for clear guidance, practical solutions, and consistent communication through each step of estate planning and real estate matters. We focus on preparing documents that reflect your intentions and on handling transaction details that protect your ownership interests. Our goal is to make legal processes understandable, reduce uncertainty, and provide dependable support when timing and documentation matter most. We take time to explain options in plain language so clients can make well-informed decisions about property and family planning.
When working on a real estate transaction we review contracts and title matters and coordinate with lenders, title companies, and closing agents to minimize surprises at closing. For estate planning we craft documents that match your goals, ensure proper signing and execution, and review asset ownership to align with your plan. We also assist with probate and estate administration when necessary, supporting families through required court processes and paperwork with attention to detail and clear timelines.
Our practice serves clients across Sullivan County and the broader Tennessee region, and we draw on practical experience with local procedures and recording requirements. We communicate expectations, filing needs, and timelines so clients understand what happens next. If immediate assistance is needed, contact Jay Johnson Law Firm in Hendersonville by phone to arrange a discussion about your estate planning documents or a specific real estate transaction to determine the most appropriate path forward.
Get Started: Schedule a Consultation for Estate or Real Estate Help
How We Handle Estate Planning and Real Estate Matters
Our process begins with an initial consultation to discuss goals, property details, and family circumstances. We then review existing documents, identify gaps, and recommend actions such as drafting wills, powers of attorney, trust documents, or reviewing purchase agreements and title matters. After you approve the plan, we prepare documents, coordinate necessary signatures and witness requirements, and record deeds or file documents as needed with county offices. We stay in touch throughout and provide copies of finalized documents for your records.
Step One: Initial Assessment and Information Gathering
The first step is a focused interview to gather information about property, beneficiaries, current documents, and transaction details. We discuss your objectives, any special family considerations, and timelines for real estate closings or life events. This assessment identifies immediate priorities and whether a limited transaction service or a coordinated estate plan is appropriate. Clear documentation of asset ownership and existing estate instruments is collected so that next steps can be recommended and planned with accuracy.
Document Review and Title Checks
We review wills, trusts, deeds, and beneficiary designations and perform title checks where real property is involved. This review identifies conflicting ownership, encumbrances, or outdated beneficiary designations that could affect transfers. By detecting these issues early, we can propose corrective steps to align property ownership with your intended plan. Timely title review is especially important before a sale or transfer so that problems can be cleared before closing and unexpected delays are avoided.
Clarifying Goals and Drafting Plan Outline
After gathering information and reviewing documents we prepare an outline of recommended actions that match your goals. This plan explains whether a will, trust, or targeted transaction review is appropriate and lists the steps needed to implement each item. We discuss timelines and costs so you can make informed choices. The outline serves as a roadmap for drafting documents and coordinating any necessary transfers or recordings to ensure the plan will operate as intended.
Step Two: Drafting and Client Review
In this phase we prepare the necessary documents and provide them for your review. Drafts include clear language to reflect your wishes for property distribution and decision-making authority. For real estate matters we prepare or review contracts and closing documents. We encourage careful review and discussion so that any needed adjustments are made before signing. This collaborative approach reduces the chance of errors and ensures that the final documents align with your intentions and legal requirements under Tennessee law.
Preparing Estate Documents
We draft wills, trusts, powers of attorney, and health care directives with attention to necessary legal formalities. Drafting includes instructions for asset distribution, naming fiduciaries, and specifying durable powers where needed. We explain the implications of each provision and suggest language to address family or property complexities. Our goal is to deliver documents that function smoothly in practice and reduce the need for court intervention while preserving the client’s intended outcomes.
Preparing Transaction Documents
For real estate transactions we prepare or review purchase agreements, deeds, and closing documents and coordinate with title companies and lenders as needed. Attention to contingencies, disclosures, and timing helps ensure a smooth closing. Where necessary, we advise on resolving title exceptions and coordinate any corrective actions prior to closing. This stage focuses on completing the transaction with clear terms and accurate recordings to protect your ownership rights and financial interests.
Step Three: Execution, Recording, and Follow-Up
After final review, we assist with execution of documents following Tennessee formalities, including witness and notary requirements where applicable. Deeds and other instruments are recorded with the appropriate county offices to establish title and protect transfers. We provide finalized copies and instructions on where to keep originals. Follow-up may include periodic reviews or additional steps to fund trusts or update beneficiary designations, ensuring your plan remains effective as circumstances change.
Document Execution and Recording
We guide clients through proper signing and witnessing and coordinate necessary notary services. When deeds are involved we arrange for timely recording at the county register of deeds to protect title. Recording provides public notice of ownership changes and reduces the risk of competing claims. After recording, we supply clients with certified copies and explain any subsequent notices or filings that may be needed to maintain the integrity of the plan and real property records.
Ongoing Maintenance and Periodic Review
Estate plans and property arrangements should be reviewed periodically to reflect changes in family, finances, or law. We recommend periodic check-ins to confirm beneficiary designations, retitle assets if needed, and update documents when circumstances shift. Ongoing maintenance prevents plans from becoming outdated and reduces the likelihood of disputes. Regular reviews also ensure that powers of attorney and health care directives remain current and that property management provisions continue to serve the client’s goals.
Frequently Asked Questions About Estate Planning and Real Estate in Fairmount
What should I do first when buying a home in Fairmount?
Begin by reviewing the purchase agreement carefully and confirming financing terms and deadlines with your lender. Have the contract reviewed for contingencies related to inspections, repairs, and title clearance so your rights are protected during the transaction. It is important to know who will handle closing costs, what inspections are necessary, and whether any easements or restrictions affect the property.Order a title search early to identify liens, encumbrances, or recording errors that could delay closing. Coordinate with the title company and ask for a commitment for title insurance to protect against unseen claims. If questions arise about deed form or ownership structure, consult legal counsel to avoid surprises at closing and ensure a clean transfer of ownership.
How do I ensure my home passes to the right person after I die?
To ensure your home passes to the intended person, confirm how the deed is currently titled and whether beneficiary designations or joint ownership affects transfer at death. Documents like a will or trust should reflect your wishes and be coordinated with property ownership to avoid unintended outcomes. If the property is jointly owned with rights of survivorship, it may pass directly to the surviving owner regardless of your will.Consider using a trust or ensuring proper beneficiary designations for accounts connected to the property if you want to avoid probate and simplify transfer. Update your estate documents when major life events occur and make sure fiduciary appointments are clear so those responsible can act swiftly to transfer or manage the property as intended.
When should I consider a trust instead of a will?
A trust may be appropriate when you want to avoid probate, manage property for minor beneficiaries, or provide for ongoing asset management after incapacity or death. Trusts allow assets properly titled in the trust’s name to transfer outside of probate, offer more control over distribution timing, and can provide smoother transitions for complex family situations. They can be useful when multiple properties or special conditions are involved.However, trusts require careful drafting and funding; assets must be retitled into the trust for it to function as intended. For straightforward estates with simple wishes, a will combined with proper beneficiary designations and joint ownership arrangements may suffice. Discussing your goals and family circumstances helps determine whether a trust is the right choice for your situation.
What is a power of attorney and why do I need one?
A power of attorney grants another person authority to manage financial or legal matters on your behalf, and a health care directive appoints someone to make medical decisions if you cannot. These documents provide continuity in bill payments, property management, and health care choices without requiring court-appointed guardianship. Durable powers remain effective if you become incapacitated, allowing predesignated decision makers to act promptly on your behalf.Choosing a trusted agent and clearly defining the scope of authority are important steps. It is also advisable to provide copies to financial institutions and to the person you appoint so they can step in quickly if necessary. Without these documents, family members may face delays or legal hurdles to obtain authority to act.
How can I avoid probate for my property in Tennessee?
Avoiding probate can be accomplished in several ways, including holding property jointly with rights of survivorship, naming beneficiaries on accounts, or placing assets in a trust that transfers ownership outside probate. Each method has different implications for control, taxes, and creditor claims, so choices should match your goals and family situation. Retitling assets and verifying beneficiary designations reduces the assets that will need probate administration.While avoiding probate can save time and expense, it is important to coordinate those strategies within a comprehensive plan to avoid unintended transfers or beneficiary conflicts. Legal advice ensures transfers are completed correctly and that the approach aligns with your broader estate planning goals in Tennessee.
What steps are involved in an estate administration after a death?
Estate administration typically begins with locating the will, notifying heirs, and filing necessary documents with the probate court. The designated personal representative or executor gathers assets, pays debts and taxes, and distributes remaining property according to the will or state law if there is no will. Title transfers, closing accounts, and selling property may be part of the process depending on the estate’s composition.The exact steps and timelines depend on the complexity of the estate and whether assets pass outside of probate. Working with counsel can help the personal representative meet legal obligations, prepare required inventory and accountings, and resolve claims or disputes that could delay administration.
Do I need to retitle property when I create a trust?
Yes, generally a trust must be funded by retitling assets into the trust’s name for the trust to control those assets at your death or upon incapacity. Simply creating a trust document without transferring deeds or account ownership may limit the trust’s effectiveness, leaving assets subject to probate. For real estate, this means preparing and recording deeds that transfer property ownership to the trust or naming appropriate beneficiaries where allowed.Careful review of property titles and account designations ensures that funding is done correctly. We assist clients in identifying which assets require retitling and in preparing the necessary deeds and transfer documents so that the trust functions as intended when it is needed.
What common title problems should buyers watch for?
Buyers should watch for issues such as outstanding liens, unresolved easements, boundary disputes, and errors in recorded deeds. These title problems can result in unexpected obligations or restrictions on property use and may delay or prevent a clean transfer. Title insurance and a thorough title search help identify and address these problems before closing, protecting buyers against many common risks.Be attentive to seller disclosures and inspection reports that may reveal structural or legal issues. If potential problems are discovered, address them through contract contingencies or require corrective actions prior to closing. Timely legal review of title commitments and related documents reduces the likelihood of post-closing disputes.
How often should I review or update my estate plan?
Review your estate plan every few years and after major life changes such as marriage, divorce, births, deaths, or significant changes in finances. Laws also change over time and may affect planning strategies, so periodic review keeps documents current and effective. Regular check-ins ensure that beneficiary designations, power of attorney appointments, and property titles remain aligned with your intentions.Even if circumstances are stable, occasional updates prevent surprises and ensure that contact information, fiduciary appointments, and account designations are accurate. A scheduled review provides an opportunity to make incremental updates as needed rather than waiting for an emergency or urgent need to act.
What happens if I become incapacitated without a power of attorney?
If you become incapacitated without a power of attorney or health care directive, family members may need to seek court authorization to make financial or medical decisions. This process can be time-consuming, public, and may create additional stress during an already difficult situation. Without advance directives, institutions may be reluctant to allow others to access accounts or manage property on your behalf.Having clear, signed documents in place enables chosen individuals to act immediately to pay bills, manage mortgage payments, and make health care choices consistent with your wishes. Proactive planning is the most efficient way to ensure continuity and avoid emergency court proceedings for decision-making authority.