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Questions Answered by Anthony M. Avery
1 Answer | Asked in Divorce for Tennessee on
Q: Wife finds out, after divorce is final, husband fathered a child during marriage. Can she take him back to court?

Wife was ordered to pay husband percentage of equity in their shared home.

Anthony M. Avery
Anthony M. Avery answered on Oct 22, 2021

TN Law is that marital property shall be distributed without regard to marital fault. If you had a trial, it might have made a difference if alot of money was spent on the kid. Arguably it was a disipation of property, but could be interpreted as properly spent. If the Decree is less than a... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can my husband sale our house, without me signing the closing documents? He’s trying to sale our home without me .
Anthony M. Avery
Anthony M. Avery answered on Oct 22, 2021

Are you an owner? If not then the husband can sell what is his. Even if you are, he can still convey his interest. Many grantees will want a spouse to convey also because of possible homestead rights, but it is NOT legally required (despite what title insurance companies claim).

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Regarding pre-suit notice for medical malpractice, the HIPPA authorization is between respondents only correct?

Do I need to include a blanket release of information for all medical records or is it only pertaining it to practitioners involved in the case and receiving notice?

Anthony M. Avery
Anthony M. Avery answered on Oct 22, 2021

The medical records release is for every medical provider you know about, and should include any other medical provider the defense wants to contact. Do not put restrictions on the Release of any type and give multiple addresses if needed for each

known provider. The defense will argue...
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2 Answers | Asked in Criminal Law for Tennessee on
Q: Do I need to obtain an attorney for an indecent exposure charge? What happens if I just plead guilty?
Anthony M. Avery
Anthony M. Avery answered on Oct 21, 2021

Hire a competent attorney now. It needs to be Dismissed or Diverted, then Expunged. A Conviction cannot be expunged ever and will affect your life.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: I have a quit claim deed that needs to be reviewed. I want to know how much of the land is given to each party?

Does Betty Rainwater retain any of the land?

Does Susan Rainwater get one half of the land?

Anthony M. Avery
Anthony M. Avery answered on Oct 21, 2021

You will have to hire a competent OK attorney to examine the instrument and give you his opinion of Title. A Title Search may be in order. Without knowing the granting language, derivation of title clause, the habendum clause, and possibly the legal description, your questions cannot be... Read more »

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Can I be cited for victicios tag and no insurance if I am not the registered owner of the vehicle
Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2021

Yes as the operator. The owner did not violate the law as he was not operating the motor vehicle which violated various Rules of the Road.

1 Answer | Asked in Real Estate Law, Collections and Small Claims for Tennessee on
Q: If a lien against my home is issued in 2010, and since the statute of limitations is 10 years in my state, Tennessee,

How do I get the lien removed

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2021

It can be very difficult. There is a civil penalty Statute for failure to release a lien, but lapse of time is inapplicable. You can request the creditor to release or file suit to have the issuing Court declare it released. Slander of Title actions usually violate the SOL.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If officers agree to release an offender on a drug sales case if the offender provides them with weapons and drugs

Would it be considered entrapment to charge that offender with the drugs and weapons

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2021

Probably not. Entrapment is an affirmative defense which rarely applies, especially where the other party is not a government agent. It also admits the criminal act.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: can you get a DUI in a shopping cart
Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2021

If the cart is motorized, yes.

2 Answers | Asked in Criminal Law for Tennessee on
Q: I'm being accused of a murder because my dna which was collected without knowing has been found on 'articles" of a vic

They then served me a warrant for dna directly and raided my home. Why would they need my dna twice?

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2021

You should have refused the sample and filed a Motion To Quash the Subpoena. Do you have an attorney? If so, hire another one fast. The Search Warrant needs a Motion For Suppression. You are being far too cooperative. Just because you will probably lose both Motions does not excuse your... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad died with personal loan in his name only. Is his wife liable to repay? All assets (not much) were jt, no executor
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Some necessities and medical bills can be asserted against the surviving Spouse. But if no Probate Administration, it will be difficult for the Creditor even find a Defendant to serve. If the Decedent had real property, a Judgment Lien could be a real problem.

1 Answer | Asked in Contracts for Tennessee on
Q: Signed a contract to buy property but unable to look for other properties. The original tenants are not moving out

Informed seller that we didnt want any tenants and notified realtors also. They are abligating to sign but the property is not available to move in. Seller will not amend this and will be incommunicado for 4 -6 weeks. We need to know what we can do.

Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Read your Contract verbatim. It may be worth the risk to walk away from it. Or you may want to purchase then file a Detainer Warrant. Consult with a competent attorney. The Grantee takes subject to the right of possession of the occupant, which may be a breach of warranty by the Grantor. But... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: What exactly is the title law 40 in Tn for first offense
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Generally that deals with Sentencing, but includes hundreds of different Statutes.

1 Answer | Asked in Uncategorized for Tennessee on
Q: In what court system would a case concerning a mother and son and property be governed?
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Your question is way too broad. From that it could be any State or Federal Court, including Criminal. It will need to be a little more specific.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Intestate estate, brother is the Administrator and lived with the deceased, who has no spouse or children.

There are a nephew and niece who had preceded their parents. They have been estranged for decades from the the brothers. Nephew wants his 1/4. Niece just had her accountant by email saying the niece "wants no communication with the entire family. "I emailed back saying I asked the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2021

It sounds like an Action for a Sale For Partition is in order. Once Heirship is determined, one or more Heirs should file the Action against the others. Hire a competent PA attorney that knows real property litigation. Hopefully the lawyer can be paid through sale proceeds. In this case,... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was recently arrested for domestic assault after pulling my boyfriends beard.

Ooooooooopooo

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2021

Hire a competent attorney to represent you. That charge is worse than many Felonies. Do not make any more statements on a public forum or to LEOs. Do not contact the alleged Victim in any manner. Hopefully it will be Dismissed or Diverted, then

Expunged.

2 Answers | Asked in Probate for Pennsylvania on
Q: When I pass and leave house to my adult child can I put in will that my sig other can stay in house indefinitely?

My child lives elsewhere and my significant other has children

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2021

Hire a competent PA attorney to advise and draft a Deed. A simple Joint Life Estates/Remainder Deed might be appropriate here. Or a very good lawyer could specify Executory Interests, Conditions or even a Reverter, granting and habendum clauses. Remember the executed Deed takes effect now, not... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I add my adult child to my deed/title in anyway in TN without a quit claim deed?

I am a widow who is losing her vision and my adult child will help me stay in my home

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

There are basically three types of Deeds: Quit-Claim; Warranty; and Special Warranty Deeds. To create an estate for the child, there will need to be a Deed conveyance to him.

You do not just add someone. Life Estate/Remainder Deed should be considered. It would usually be a...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: All the deacons who signed the deed to the Church that I attend has passed away. Can we add other members to the deed?

I am the clerk of Zion Hill Baptist Church, located in Georgia. Back in February 2021, the pastor, who lives in Alabama, called the Superior Court clerk's office, in Ga., and asked that a copy of the deed be mailed to him in Alabama. There are only (2) living deacons left in our church, but... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

A Church Deacon is not an entity that can own real property. Trustees of the Church usually own it. Even if the present Deed uses that term for the grantees, it is incorrect.

The Church's Deacons can also be Trustees with legal ownership but for the equitable benefit of the Church...
Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: 9 days late on rent. No waiver clause in lease not sure what that means
Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

Not sure of your question. But it sounds like you have breached the Lease Contract by paying late, for which there may not be a late payment penalty or waiver of timely payments.

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