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Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law for Texas on
Q: Neighbor built a fence on my property without my permission, and posted my address on social media

Live in Pearland, TX. The neighbor built a fence on my property, I told her that the property was mine and I did not give her permission. I then sent an encroachment notification letter demanding the fence be removed and she posted it to tiktok and did not redact the legal description of the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Feb 3, 2023

Hire a TX attorney to file a Boundary Line Dispute. A Survey may be necessary. Doing nothing will Acquiesce to the new Boundary.

2 Answers | Asked in Estate Planning for Tennessee on
Q: If there were two irrevocable wills issued does the first irrevocable will and beneficiary prevail? Tennessee.
Anthony M. Avery
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Anthony M. Avery
answered on Feb 3, 2023

Ms. Whitehurst is exactly right. There are Contracts To Make Wills which are sometimes enforceable. But that is very rare. Consult with a competent attorney to decide which Will should be filed for Probate, and then wait for a possible Contest.

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1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Are there any motions I can file regarding an indictment? charged almost a year ago now and still nothing regarding it.
Anthony M. Avery
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Anthony M. Avery
answered on Feb 2, 2023

After several more years with no Indictment, you might file for Expungement.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If a landlord accepted partial payment after using tenant a 14 day notice, is that notice null and void?
Anthony M. Avery
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Anthony M. Avery
answered on Feb 2, 2023

No, but what counts is whether a Detainer Warrant has been filed or not.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What can I do about an FTA for charges that the DA promised to drop in Smith county tn.

I was at someones house when police searched without a warrant, the person "Joe" then showed them drugs (meth)in a seperate garage and then broke into a locked safe when police asked him to where they found benzos. I was charged the same as *Joe~2 counts meth w intent and 2 counts... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Feb 2, 2023

The FTA is the least of your problems. Apparently you have not reached a disposition of your case. Hire a competent attorney to represent you, which may include Motions to Suppress, etc. if you are Indicted. Not showing up for Court is never excused when you are the defendant. Obviously you... Read more »

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: My mom died in 2015 w/o a will. I am 1 of 3children. We all agree I will get the house. I need to get it in my name.

I recently paid off the mortgage as I have remained living in the home since her death.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 1, 2023

Hire a MS attorney to search the title and determine heirship. Then draft a deed from the other siblings over to you, with at least a proper derivation of title clause if not a recorded affidavit of heirship. Get them to execute deed, then record it.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Part of my neighbor's fence has been in my backyard. I now need it moved. He is ignoring me about this, what can I do?

His fence was partially in my yard when I bought the place 8 yrs. ago & he knows that. I did say anything to him at that time.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 1, 2023

Hire a competent GA attorney now that conducts real property litigation. If you do not file suit for the Boundary Line Action, you will acquiesce to the present fence line which is physically ascertainable. Title to both properties should be searched for the common boundary. A surveyor may be... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: can i get help with a couple questions about my moms property

there are three names on the deed to the house. My name and my two brothers. my one brother doesn't care about the house and the other one is trying to force me to buy him out, force a sale on it, or my daughter that lives there to pay rent that wasn't agreed upon

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 1, 2023

Hire an attorney to search the title, determine ownership and liens, and if prudent, file an action for Partition.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I am joint owner of 3 properties in Nevada . One of the owners has passed properties are now owned by myself & ½ sister

I would like to force the sale of all properties . I live in Oregon

Anthony M. Avery
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Anthony M. Avery
answered on Feb 1, 2023

Hire an attorney in NV to file a suit for a Sale For Partition. You might call some of the attorneys here on Justia, who appear to be competent.

1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

1 Answer | Asked in Insurance Defense for Tennessee on
Q: My home owners is canceling my policy because I had two claims 6 months apart. I have had this insurance approximate 4y

Is that legal. Its paid.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

If a denial of claim is asserted, then you might consider an Insurance Bad Faith Refusal Action.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal for my homeowners insurance to cancel my policy because of two claims 6 months apart?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

Usually that is not a prohibition on the insurer. Read your contract of insurance carefully. Probably need another carrier now.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My lawyer proved my innocence in my pre trial but yet they bound it over to the Grand Jury. Why would they do that.

What's the odds of it being dismissed . This is a Class B Felony, Sex offender unjustly accused

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

Be prepared to hire an attorney if you are Indicted. At least start contemplating what specific Discovery will be sought, and tack any witnesses and their statements down now. May be time for a new phone or computer.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Yesterday I had my property surveyed. My neighbor took the wooden stake and the metal pin out just hour later. What ca.

Is there anything I can do

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

You can report the act you have personal knowledge of to the Sheriff. Trespass and vandalism are involved, which will require the Surveyor to return and restore the monument. That corner is owned by both of you. You may wish to sue for civil damages in Sessions Court, then place a Judgment... Read more »

1 Answer | Asked in Elder Law for Tennessee on
Q: Can a Durable Power of Attorney access a ROTH IRA held at Vanguard for health care and living expenses?

Account owner is in memory care.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

It should if it is drafted and executed correctly. Administrator will probably want an original DPOA, unless you can get them to accept a copy. If not, a conservatorship may be preferable instead of a Declaratory Judgment and Recovery Action where jurisdiction will always be a problem.... Read more »

1 Answer | Asked in Probate and Estate Planning for Tennessee on
Q: If I am the sole beneficiary of a will and also the executor of the estate can I use the funds before probate ends?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 26, 2023

I do not recommend you use any assets that are subject to Probate Jurisdiction until the Estate is closed and the funds are properly distributed to you. Otherwise it would be a breach of fiduciary duty, or there might be a late filed Estate Claim, another Will filed, etc.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be prosecuted for using my husband's credit card?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 26, 2023

Yes it is possible, especially if your possession and use of the credit card is unauthorized. There may be defenses for purchase of necessities. A jury might infer permission to purchase items for the Family.

1 Answer | Asked in Family Law, Real Estate Law and Small Claims on
Q: My step dad is trying to sell the house can't without me when to court now I have law claim, at what court

My mother died, I get heritage but because I live in Germany and he lied to me the house is nothing worth, he when to a court a did a filling where I have to go there or a lawyer to lay claim to my heritage, what court would I have to go to what is that process called what he did where some has to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

You might want to hire an attorney in the County where your Mother died to conduct a title search and examine the Court filings. He can then advise what you may want to do, or that you are already an heir at law.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Public Benefits for Tennessee on
Q: Under Title 39 rule broken is 5 and 8 Is there away to get my gun license reinstated

Did go to court but was discontinued on both cases.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

Your question makes no sense. Redo your question. There is a procedure in General Sessions Court to appeal the denial of a Handgun Permit.

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