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Questions Answered by Bennett James Wills
1 Answer | Asked in Criminal Law for Tennessee on
Q: What can I do if my Lawyer is not doing his job representing me? Next what are the steps I can take to get a new Lawyer?
Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

Assuming its a private lawyer, you just hire a new one to take over. If it's the public defender, it's a bit more difficult.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can aggravate assault be the underlying felony for felony murder if it was did in one act?

I shot a man and was found not guilty of malice murder but guilty of felony murder but, the underlying felony was aggravated assault, which was of the same act.

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

Two different crimes but the assault would be the basis for the felony murder. The two would merge for sentencing purposes.

1 Answer | Asked in Estate Planning, Divorce and Real Estate Law for Tennessee on
Q: Mother bought house when her husband was in nursing home rehab. She paid cash from inheritance money.

This is the house she and her husband live in. Can she sell the house, he is not on the deed. This is in Tennessee

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

From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hello!! If my tenant moved out early, am I still entitled to last month's rent?

My tenant signed a lease until January 14, 2023, but she moved out on December 31, 2022. She paid first and last month's rent, plus a security deposit when she moved in. Is she entitled to any money back since she didn't live there in January?

Bennett James Wills
Bennett James Wills
answered on Jan 9, 2023

You are entitled to rent through the term of the lease, unless the lease states otherwise. Leaving early is typically considered abandonment.

2 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Are there legal provisions that allow an owner of a shared, inherited property to sell his/her share?

My siblings and I inherited riverfront property which I don't use. My siblings, who along with their kids use the property, won't buy me out. I don't want my kids to inherit the 'problem' and am looking for a way to solve the situation. Can I trigger a market sell? Or some other action?

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

You can force a sale (or buy out) through a partition action with the courts.

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1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: How does the respondent pay for court costs in TCA-36-3-617 and what happens if they don’t pay
Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

Costs are paid to the clerk's office. Failure to pay could result in further penalties.

1 Answer | Asked in Family Law for Tennessee on
Q: My wife is keeping my daughter from me we're separated but in good terms and she won't let me see her or talk to her.

She lives in her parents basement with her now boyfriend and her parents won't let me see her either. I did nothing to her or her parents for this to happen. Her boyfriend has brain washed her. Whats my rights

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

Sounds like its time to file for divorce, custody, and visitation. Seek a local attorney to assist you with the process.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have a commercial tenant who sent their rent in by USPS and apparently was lost. Would this constitute a breach?

If their lease is due on the 1st and late on the 5th by The US post office losing their check would this constitute a breach of their lease?

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

Check the terms of your lease - but typically rent is paid when you receive it. Not when the tenant puts it in the mailbox.

1 Answer | Asked in Divorce for Tennessee on
Q: Does the agreement need to explicitly say my spouse will split the equity with me? It only states he will refinance.

We are filing a no-contest divorce and he is supposed to obtain the house and split the equity with me, but the documents only say he will refinance and I will sign a quitclaim deed. Does the paperwork need to specify that he will give me these monies and at what percent or is that implied given it... View More

Bennett James Wills
Bennett James Wills
answered on Nov 15, 2022

It's always recommended that documents be as specific as possible.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can I hire a lawyer to make a call and send a letter to a contractor who has not completed work that has been paid for?
Bennett James Wills
Bennett James Wills
answered on Oct 31, 2022

Sure. Attorneys will often send demand letters. Use the search function to find a local construction attorney to help you out.

1 Answer | Asked in Identity Theft for Tennessee on
Q: My $18,000 GFclock, has been in repair shop going on 4 years. three times it would be ready in 1 wk. What can I do.

They keep telling me it's about ready. The shop I took it to, outsourced the job. I do not even know where all the clock is. Please tell me what to do.

Bennett James Wills
Bennett James Wills
answered on Oct 18, 2022

You could consider filing a general sessions claim for breach of contract and return of the clock.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: In TN, am I required by law to sign a new lease if my rental property is sold? I have 16 mo left on a 24 mo lease

Based on the reply I received, I need to add more details. There is no clause in the 2-year lease that says the lease is voided if the property is sold. The new owners are buying the house as an investment with full understanding and agreement as part of the purchase that there is a current tenant... View More

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

Maybe. You should check the terms of your lease. Sometimes there is a termination on sale clause. If not, the new owner would buy the property subject to the lease.

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.... View 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... View More

1 Answer | Asked in Business Law for Tennessee on
Q: I have a question, it was stated that it’s illegal for a dealership to ask for a down payment under some kind of federal

I over heard a dealer saying this does it have any truth?

Bennett James Wills
Bennett James Wills
answered on Oct 12, 2022

I think you are referring to a deferred down payment plan, which can be illegal depending on the language used in the purchase agreement.

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... View 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... View 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.

2 Answers | Asked in Divorce for Tennessee on
Q: I got married in may and want annulment.

We don’t have sex it me it makes me sick

To my stomach.. I listened to him and let him coerce me about the marriage. He retired and said we had to get married by may 31 on may 25 or I wouldn’t be able to be on ins. He’s looked at my private texts while I slept on the way home from... View More

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

Consult with a local attorney to determine your options for divorce.

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1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: What can you be charged with for using someone else's name whenever you are arrested
Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

Yes. It is a crime to give a false identification.

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... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was served a federal subpoena to appear in court 09/23/2022 as a witness in a criminal case. Is it liable?

I read that it must be given 5 days in advance?

Bennett James Wills
Bennett James Wills
answered on Sep 21, 2022

You'd be wise to call the attorney that issued the subpoena and have a discussion about it.

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