Questions Answered by Kimberly K. Schreiber
1 Answer | Asked in Probate for Tennessee on Jun 16, 2011
The executor will have to provide an accounting to the court before the estate can be closed. Any money that was taken for purposes not relating to the estate will have to be re-paid. Most courts will require the executor to be bonded to prevent such ...
1 Answer | Asked in Probate for Tennessee on Aug 21, 2012
File a police report and see if they can locate the car. I assume you have the title and your letters testamentary will enable you to get it into your name only. He may try to make a claim against the estate for storage fees.
1 Answer | Asked in Divorce Law for Tennessee on Dec 11, 2012
Contact your local legal aid society for help with a pro bono or reduced fee lawyer. It sounds like the judge is already familiar with your case, so you may be able to continue to represent yourself at the next contempt hearing. It's obvious that he ...
1 Answer | Asked in DUI / DWI for Tennessee on Dec 18, 2012
It varies. For a first time offender with no criminal history it could be zero. It is likely to be lower for people with significant community ties and based on the seriousness of the DUI (rate of speed, involved in an accident, or high blood alcohol ...
1 Answer | Asked in Family Law for Tennessee on Oct 23, 2012
If you are giving up all rights, the opposing attorney has likely drafted all the documents and you don't need an attorney. If someone is giving you the child you definitely need an attorney with experience in that area of the law. Mistakes on those ...
1 Answer | Asked in Car Accidents for Tennessee on Dec 27, 2012
Did you abandon the vehicle and now you want it back or are you trying to get a vehicle left on your property? If you abandoned the vehicle you will have to pay the towing and storage fees to get it back. It might have been sold to recover those costs, in ...
1 Answer | Asked in Car Accidents for Tennessee on Oct 3, 2012
This is a routine part of the discovery process. Both sides are entitled to ask many questions in preparation for trial.
1 Answer | Asked in Car Accidents for Tennessee on Nov 17, 2012
If you were not at fault, you should not have to pay for anything. You should be able to collect on the damage to your car from the at-fault driver. You might have to pay for your own car if the other driver was uninsured or underinsured. The police may ...
1 Answer | Asked in Divorce Law for Tennessee on Nov 25, 2012
Contact the Legal Aid society in your county. They often have local lawyers that sign up to take pro bono cases and some staff attorneys. You will need to fill out an affidavit of indigency and prove that you have little or no income. If your spouse has ...
1 Answer | Asked in Estate Planning Law for Tennessee on Nov 30, 2012
Your Will cannot be changed once you die. She can change her will after your death, so if you leave everything to her you should have an experienced estate planning attorney draft the documents.
1 Answer | Asked in Car Accidents for Tennessee on Dec 6, 2012
It is always best to get a lawyer if you can afford one. They know the local court rules and can advise you of your best course of action while protecting you from making costly mistakes that will effect the rest of your life.
1 Answer | Asked in Divorce Law for Tennessee on Jun 24, 2011
Alimony is based on many factors. Some of the factors she will need to prove are that she has a need, you have the ability to pay and the court will also consider the length of the marriage and the education level of the parties. For example, a stay at ...
1 Answer | Asked in Divorce Law for Tennessee on Aug 14, 2012
The waiting period for divorce in Tennessee is 60 days for parties without minor children and 90 if you have children together. If she is contesting the divorce, but has already signed the Marital Dissolution Agreement, you will have a hearing to ...
1 Answer | Asked in Divorce Law for Tennessee on Aug 22, 2012
You can petition for an Order to go to mediation. Many judges will not set a case for trial until the parties have mediated at least once and sometimes twice. You can find a list of mediators at www.tncourts.gov The Defendants attorney can Motion to Set ...
1 Answer | Asked in Divorce Law for Tennessee on Sep 17, 2012
You can change your name by filing a petition in Georgia for a name change. Anyone can change their name by paying a fee. It would have saved you the fee if it was in the Final Decree, but that is so old that you are better off just asking the GA court ...
1 Answer | Asked in Divorce Law for Tennessee on Nov 19, 2012
When answering the Complaint for divorce, you can "deny" and correct the statistical information he submitted. You generally need to file an Answer to his divorce complaint within 30 days.
1 Answer | Asked in Divorce Law for Tennessee on Dec 7, 2012
Many counties have a guide for filing for divorce. You can contact your local clerk's office in the county where you live to see if they have any forms or help for you. Many counties also have a legal aid society that provides free or reduced rates ...
1 Answer | Asked in Divorce Law for Tennessee on Dec 16, 2012
The parent receiving child support is generally the one entitled to the tax exemption. It sounds like you need a Parenting Plan. That will line out all the time he receives and both of your rights. It can also help calculate child support by figuring ...
1 Answer | Asked in Divorce Law for Tennessee on Dec 18, 2012
If the property was awarded in the Marital Dissolution Agreement and was never turned over, you can file a Petition and ask the court to hold her in contempt for failing to comply with the court's order. They will likely give her a time frame in ...
1 Answer | Asked in Family Law for Tennessee on Sep 5, 2012
Don't pay it. If she wants you to pay, she will have to file a Motion for Contempt against you. If she does that, bring the letter from the Dentist as your defense and say the procedure is not necessary.