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Questions Answered by Bennett James Wills
1 Answer | Asked in Real Estate Law for Tennessee on
Q: I and another person brought property together. We were together now we are apart. Both names are on the three propertie

How can we settle this without seeking an attorney, or with an attorney. But I want them to pay me and have my name removed from the properties list. We started a business together. I want out. What would be the best process to do?

Bennett James Wills
Bennett James Wills
answered on May 23, 2023

Depends on how the properties are held. If the properties are purchased with a business entity, you may need to dissolve the business and liquidate assets. If the properties are just held jointly, then you may need to file an action to partition (sell) the properties. You can certainly try to reach... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: What if you won your case and don’t know former employers work address and your lawyer want return calls or emails ?

How do you collect your money and is there a time limit on collecting this money

Bennett James Wills
Bennett James Wills
answered on Feb 8, 2023

You can hire someone to perform a background check and skip trace for assets if you have a judgment. In Tennessee a judgement is good for ten years and can be renewed by motion. If you discover assets, you can garnish wages, levy accounts, and personal property.

1 Answer | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: If my LLC doesn't have an operating agreement and a member decides to leave do they owe the company for any debt?

A member has decided, of their own will, to leave the LLC. The LLC is in debt and doesn't have an operating agreement. Does the withdrawing member owe any money to the LLC as buying themselves out?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

Depends on the debt. Are they personally obligated? Is the business just in debt? Or does it have a positive fair market value? Typically, without an operating agreement, when a member quits the LLC pays fair market under TCA 48-249-505. But there are other considerations as well. Consult counsel... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: My ex husband is refusing to give me a copy of his W2 per the court order in our divorce decree. What should I do?

Live in Tennessee. Divorced in 2016 with 2 kids and have never received a copy of his W2’s from him. Since 2016 he is no longer covering our sons daycare as he is in school (my lawyer said when he was out of daycare to go to court for a readjustment in child support but haven’t yet and my son... Read more »

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

You can enforce court orders through contempt petitions. You can seek to modify orders through motions for modification. Both can be tricky to navigate without counsel. Maybe check with legal aid to see if you qualify for help if you can't afford a lawyer.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I evict tenants if they have a lease but I want to move into the property?

I am wanting to purchase a home in Nashville, TN that is currently occupied by tenants. Do I have to let them stay until their lease is up? Or can I evict them if I intend to move into the property?

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

A buyer of an occupied property typically purchases subject to the lease. Which means you need to honor the lease terms. However, in some leases, there is a termination on sale clause, which also means the lease terminates when the property is sold. Other times, certain conditions can be negotiated... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: How to change the last name of my 5yr old. She has my ex husbands last name but he is not the biological father

Needing to change the last name of my 5 ur old daughter. She has my ex husbands last name but he is not the biological father. No father is listed on her birth certificate. How do I go about getting this done?

Bennett James Wills
Bennett James Wills
answered on Jan 11, 2023

In Tennessee you would file a petition with the chancery court in the appropriate county and serve notice on any interested party. Typically, the chancery court clerks have forms you can fill out; but not always. Contact the clerk in your county to see if they have forms. Or consult counsel to... Read more »

2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.

Bennett James Wills
Bennett James Wills
answered on Jan 3, 2023

Depending on the amount owed, this would probably be a small claim in general sessions court. There are civil warrants available online that you can fill out and file with the clerk's office at the county courthouse. A clerk can also walk you through how to complete the paperwork. Although,... Read more »

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1 Answer | Asked in Civil Rights for Tennessee on
Q: I live in Tennessee. I was not home and my neighbor called the police because he said my door was wide open.

The police went into my home to search for a suspect but I did not give them consent to do so. My landlord wasn’t able to provide them my phone number. Is this illegal?

Bennett James Wills
Bennett James Wills
answered on Dec 19, 2022

Maybe. Police may enter a home under several exceptions to needing a warrant - two that may apply here are the exigent circumstances exception (searching for a suspect) or the community care taking exception (such as a welfare check).

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Is there a list of requirements to ensure a tire/car detail shop is up to code?

I am looking to open up a car detail/ tire shop and want to ensure I am not in any violations when looking for a location.

Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

There's not so much a list but various items you may want to look at - for example, codes and zoning. Make sure where you open up shop, you are permitted to operate. Then you'd want to check the environmental laws on disposal of tires and fluids. And then other statutes like the consumer... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord serve a mailed eviction letter if my rent is only 14 days late?

Sent a letter stating I need to vacate the property my 12-1-22 because I am within this month late on rent. Due 11-1 and have a 5 days Grace period. Is this legal without a 14 day notice to cure?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2022

Look at your lease. Often there are provisions in the lease that you have waived notice for non-payment of rent. If you didn't pay in the grace period, then the notice may well be proper.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does "possessing a firearm with the intent to go armed" exactly mean?

In Tennessee there are multiple levels of carry allowed for a handgun, but they all seem to hinge on the statement that "intent to go armed" makes the possession illegal. If I carry my handgun for self-defense, then surely my intent is to go armed. This limitation makes no sense to a... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 31, 2022

Think of it this way: Under the statutory scheme of carrying handguns - the carrying of all handguns is illegal - because naturally if you are carrying a loaded handgun in public, open or concealed, you are going with the intent to go armed. However, there are exceptions to this rule such as... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Someone bought property next to my driveway. They included my private driveway as as easement on their deed.

Their was a Warrant deed in place to my father in law and it is now our Tract 2 on our deed. The county’s tax accessor graph picture was wrong and he used that picture to have a deed made and for the 1st time called it an easement. The property he bought did belong to an uncle that passed away.... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 17, 2022

The best way to determine where boundary lines are is to use a proper survey - not a tax map online. If his deed shows encroachment, even if an easement, then you run the risk of a future adverse possession claim. Consult an attorney to review the deeds to determine your options. You may need to... Read more »

1 Answer | Asked in Divorce and Probate for Tennessee on
Q: Couple separated for years, divorce underway, wife passes away, living in different states

My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: If police officers do not possess a warrant, and they go in and arrest someone in someone else's home is it legal.

And what if the person who let them in does not own the residence?

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

More facts would be needed. If they had an arrest warrant for someone and were otherwise let into the house then there's probably not an issue. Plus there are many exceptions to the warrant requirement regarding searches, seizures, etc. Consult counsel to determine whether any rights were violated.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Mailing a legitimate form of serving in TN?

I was mailed a Civil Summons to appear in Tennessee in a few months, which is about 1800 miles from where I live now. Is mailing even a legitimate form of serving, and what were to happen if I can't/don't make it to my Civil Summons?

Bennett James Wills
Bennett James Wills
answered on Sep 22, 2022

Regular mail for a summons is not valid. It needs to be certified where the post office will deliver it and make you sign for it. If you fail to appear the court may grant a judgment of default, even if it is bad service. Hire local counsel to review the summons and help you make a determination... Read more »

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: I inherited a 33 year old Bass Boat. I sold it. now the guy wants his money back. what is my legal position

I did not have the boat for sale. It was sitting in the yard and the individual approached me. I told him that it would float and start up and run. He looked at it three times in in a span of a few months. He asked me again to purchase it and I set a low price and he said he wanted it. He came... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Sounds like its his problem now. He had an opportunity to inspect it and it doesn't sound like you concealed the defect. Hopefully your bill of sale says "as is" or with no warranties - even if it doesn't from your brief facts I'd say he wouldn't have a claim against... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: Can a clients attorney present anything in court that considered “here say” or is that again the rules of the court?

Mother and father were never married mother is the PRP while father is the ARP and there is a parenting plan in place currently giving the mother 4 days and father 3 days each week. Father has filed for full custody and has made completely fabricated allegations against the mother in an attempt to... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 13, 2022

An attorney cannot testify. But whatever he puts in pleadings on behalf of a plaintiff could be proper. Just because something appears in a pleading or motion does not mean it would be admissible when offered as proof during a hearing.

1 Answer | Asked in Family Law for Tennessee on
Q: What type of POA do I need to get before spouse becomes completely unable to answer for themselves?

Person is getting dementia

Bennett James Wills
Bennett James Wills
answered on Sep 6, 2022

You'd be wise to discuss these issues with an attorney to make sure you and your spouse are fully covered. The usual documents are a will, durable power of attorney, and medical power of attorney. But your particular situation may be different.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I had a seizure on my way home in Gallatin Tennessee they charged me with my third DUI they went back a total of 20yr.

Also got simple possession. I'm 52 and take care of my disabled brother what should I do

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Hire local counsel to defend the charge. An attorney can review the facts and circumstances and determine whether you have a good defense, as well as engage the necessary experts regarding the medical condition.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does casual exchange mean an can I find out with who
Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

TCA 39-17-418(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice...

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