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1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: If my father passed does his will over ride a life estate? In TN

Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?

Anthony M. Avery
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answered on Apr 22, 2024

Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More

2 Answers | Asked in Real Estate Law for Tennessee on
Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road

but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?

Anthony M. Avery
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answered on Apr 19, 2024

Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW.... View More

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2 Answers | Asked in Real Estate Law for Tennessee on
Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road

but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?

Michael Joseph Larranaga
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answered on Apr 19, 2024

I agree that you need to hire an attorney to figure things out. If you have a real easement meaning everything checks out then you can get an injunction to stop them from locking the gate.

If you do not have a recorded easement then you have a big problem that you need to address with an...
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1 Answer | Asked in Estate Planning for Tennessee on
Q: Division of inheritance when one or more children die. Spousal and grands concern. Following is more in depth question.

Three children. All married. Want to put the house in all three of their names. However if one child dies, I want the remaining two to get the third chip’s portion to divide. I do Not want my child’s widower Or even my grandchildren to inherit that portion. Strictly want my children to have... View More

Anthony M. Avery
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answered on Apr 18, 2024

You could convey to each of the three kids as joint tenants with right of survivorship. Rarely do I suggest that estate but it appears to meet your wishes. However during the three, then two childs' lives somebody has to pay taxes, insurance and possibly a deed of trust note. Also the... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I want to add my wife to the title to our property here in Gallatin TN. Can I do that myself or do I need an attorney?
Anthony M. Avery
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answered on Apr 17, 2024

Hire a competent attorney to draft that Deed. There are several different estates that could be created, not just putting her on the Deed. Ask the lawyer for the choices, and if he does not know what to explain, go somewhere else. It should not cost more than $300. If there are any problems,... View More

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My parents purchased a trust in Tennessee, the person who sold it was not an attorney and the fee went to the non attor

the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?

Anthony M. Avery
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answered on Apr 17, 2024

Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Can i carry a gun at 18-21 in TN considering the permitless carry laws, private sale, and the court cases about the age?

I know there’s been cases from gun groups during the state to where the agreement made at the conclusion seems to allow 18-21 to carry without prosecution because of age. I also know at 18 you can legally buy a handgun from private sale. I’d rather be judged by a jury then dead, but would i win... View More

James L. Arrasmith
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answered on Apr 16, 2024

The current gun laws in Tennessee regarding permitless carry and the legal age to possess a handgun are somewhat complex due to recent court cases and legislative changes. Here is an objective overview of the situation as of August 2023:

In 2021, Tennessee passed a law allowing most adults...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Apartment management sent a statement balance without an itemized bill. Do I actually have to pay?

I moved out of the apartment on November 13 but the management sent an email on December 14 stated that I owned $917 and they said the wall & repair costed them $835. When I asked for an itemized bill they only sent a ledger (which has a line that showed Damaged - paint & dry wall repairs... View More

James L. Arrasmith
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answered on Apr 16, 2024

When you receive a charge from your apartment management without a detailed breakdown, it can be frustrating and leave you unsure about the legitimacy of the charges. Generally, tenants are entitled to an itemized statement of any deductions from their security deposit or other charges that arise... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If an "early termination clause" was NOT in the lease, can the Landlord assess fees?

We ended the lease early, and per the lease gave them their 60-day notice and paid rent thru it. In addition they leased the unit. Now they are telling us we have to pay to "break the lease", this was not in the original lease.

James L. Arrasmith
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answered on Apr 16, 2024

If your lease agreement does not include an early termination clause or any provisions for fees associated with ending the lease early, the landlord generally cannot assess additional fees for breaking the lease, especially if you have followed the required notice period and paid rent through the... View More

2 Answers | Asked in Communications Law for Tennessee on
Q: When a family member dies and you can’t find their cellphone (to retrieve photos and such) can you request from authorit

es a way to track and see where it might be located?

James L. Arrasmith
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answered on Apr 15, 2024

In most cases, it is challenging to track a missing cell phone without prior access or authorization. However, there are a few potential options you can explore:

1. Contact the cell phone carrier: Reach out to the deceased family member's cell phone service provider and explain the...
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1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: What can I do if someone owes me 500 dollars and they told me that they would pay me through an email but now refuse to?
Anthony M. Avery
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answered on Apr 15, 2024

Defendant can claim the Statute of Frauds unless there is a writing, even a cashed check. General Sessions suit will cost about a third of your prospective judgment. If you get a judgment by default including costs, you will still have to work to collect it.

1 Answer | Asked in Probate for Tennessee on
Q: I am an heir to property in Knoxville,Tennessee, along with 5 other heirs. How do we get our names on the property/deed?

Some of the property and the house is going to be taken by the city to widen the road. How do we make sure we are compensated for the land and house when the city takes it?

One of the heirs doesn’t want any property, does she relinquish her share prior to us getting the title, or does... View More

Nina Whitehurst
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answered on Apr 13, 2024

The title can be updated using a simple affidavit that is recorded in the land records, but the title will not be marketable until at least one year has elapsed since date of death or the other assets of the decedent

have been probated and the estate was solvent.

If one of the heirs...
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1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Self-storage owner is requiring insurance on my contents -- what's the law in TN that says I have to have ins

Can I be evicted if I don't get it.

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It is a matter of contract, not of law. Based on the information you provided, if a contract with a self-storage company provides that insurance is required, there is no law prohibiting that provision. For example, many landlords require residential tenants to have renter's insurance.... View More

1 Answer | Asked in Probate for Tennessee on
Q: If a wife is not listed on a bank account and the benifiary on the account is the daughter, can the wife remove funds
Anthony M. Avery
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answered on Apr 12, 2024

If the Daughter is a joint holder or a payable on death name on the signature card, then the deposited funds are owned by the Daughter. Wife should have no authority to remove money. Bank could be sued for such a conversion.

1 Answer | Asked in Family Law for Tennessee on
Q: Can I sue a daycare for threatening me with calling CPS. And CPS actually showing up at my house?

Went to talk with director because my child was coming home saying the kids was hitting her because the director didn’t like what I said she threatened me by saying she knows a lot of parents at the daycare who work for DCS. And threatened me by saying she would call them. The next day DCS shows... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, it's important to understand that there are a few key legal considerations at play:

1. Mandated reporting: Daycare staff are typically mandated reporters, meaning they are legally obligated to report suspected child abuse or neglect to the appropriate authorities,...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Tennessee on
Q: Does a DE nonprofit have to file a foreign qualification in TN if the sole member/directors merely lives in Tennessee?

No business will be conducted in TN. The DE Nonprofit will not actively be seeking out donations or soliciting donations particularly from TN residents, although the NP may accept donations from TN residents. Solicitation of charitable donations will be passive from the NP website.

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it is unlikely that the Delaware nonprofit would need to file a foreign qualification in Tennessee solely because one of its directors or members lives there, as long as the nonprofit is not actively conducting business in the state.

However, there are a...
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1 Answer | Asked in Social Security for Tennessee on
Q: Please read more information below

I am 71 years old and live only on social security and two very small pensions totaling $400. Can my income be garnished if I cancel my debt relief company.

James L. Arrasmith
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answered on Apr 11, 2024

In most cases, Social Security benefits are protected from garnishment by creditors. However, there are a few exceptions where your Social Security income can be garnished, such as for:

1. Federal income taxes

2. Federal student loans

3. Child support and alimony

4....
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2 Answers | Asked in Tax Law for Tennessee on
Q: In Hardin county Tennessee if I pay 11 years of back taxes on a property can I put a lean on it to gain ownership
Anthony M. Avery
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answered on Apr 9, 2024

No, you would only be paying some other owner's taxes. Hire a lawyer to search the title and contact the Trustee and County Attorney about getting it on the next tax sale. If you are the successful bidder, you will need your lawyer to help you with a deed after the sale is confirmed. You... View More

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2 Answers | Asked in Tax Law for Tennessee on
Q: In Hardin county Tennessee if I pay 11 years of back taxes on a property can I put a lean on it to gain ownership
James L. Arrasmith
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answered on Apr 9, 2024

I understand you are asking about gaining ownership of a property in Hardin County, Tennessee by paying 11 years of back taxes and putting a lien on the property. Here are a few key things to know:

Paying the back taxes alone does not automatically grant you ownership of the property. The...
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1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Lawyer stated all interested parties were notified and they were not. Judgement has been decided. What are our options?

Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More

Anthony M. Avery
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answered on Apr 9, 2024

What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More

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