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Questions Answered by Anthony M. Avery
1 Answer | Asked in Civil Litigation and Identity Theft for Tennessee on
Q: Somebody stole and signed over my vehicle title to themselves and brought the police and got my vehicle what can I do

Columbia, Tennessee; Maury county

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

An action for Conversion in General Sessions Court might be best option. But it sounds like someone pawned the Title, then repossessed the collateral.

1 Answer | Asked in Probate on
Q: Trustor (mom) gifted beneficiary(son) outside the trust instrument her property and house on it.

Fire destroyed house in November insurance sent a check to mom who was advised by estate attorney to give it to him to hold onto until a replacement home is found Mom died in March insurance proceeds were placed in estate trust and son was told he only is entitled to the vacant lot why isn’t... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

I am not sure of your exact factual situation, but who was the insured under the policy? If the mother, then those proceeds are probably assets of her Estate. Just because the corpus was substantially destroyed does not mean the son gets insurance proceeds if he was not the named insured. And he... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: If a person have joint tenant with the right of survivorship in SC when will does it comes effect? before death or after

My grandmother deeded the land to multiply people under survivorship joint tenant in SC before my my grandfather death is that legal. An my grandfather didn't signed the deeds either to the people she deeded the land to. An what are the consequences behind her doing this if it was illegal. Can... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

She can convey her interest in the property. Assuming the grandparents own the property as husband and wife, then if she survives her husband, the conveyance vests. If not, then the conveyance is extinguished. It is a future interest conveyance, and very legal.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can i legally record myself giving my month to month roommate a 30 day letter of eviction from my home and then change

the locks after putting all belongings in the driveway, after 30 days? Tenn.

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

What good would that do? Especially in your situation where a fight may occur, and you go to jail, hire a competent attorney to prosecute a Detainer Warrant.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How much does it cost to evict someone from my home on a month to month agreement?
Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

Prosecuting a Detainer Warrant are usually about 3 to 5 hundred dollars in attorney fees and usually $ 180 to about $ 250 in Court Costs.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Do I need a KY or TN lawyer? I live in TN. Dad lives in KY.

We have joint legal and physical custody. But he has been primary physical parent for the last year. There is a pending legal case (charges filed today) against my daughters dad for child abuse/neglect in KY. CPS has hinted there’s a possibility she could be returned to his care unsupervised if... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

There appears to be no Tennessee jurisdiction. Hire a KY lawyer for a Ky Case.

1 Answer | Asked in Real Estate Law for Texas on
Q: My mother passed away recently. In her will she left her house to me. There is still money owed on the mortgage.

What should I do about claiming the home? I am making the mortgage payments now but would like the home put in my name.

Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

Unless the Will is filed for Probate, it has no effect. If you are the only heir, then a recorded Affidavit of Heirship would give you a source of title. But if not, then either Probate the Will or share ownership with the other Heirs. If the Note is not paid, Foreclosure will occur against the... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My sister made me executor of her will, she lived in Indiana, and I live in Florida. Can I use an attorney in Florida?
Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

You should hire an attorney in the State in which the Will is filed for Probate. There may be more than one State the Probate Administration could occur, but proper venue is usually in the County and State where the Decedent resided.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Spouse of deceased son was replaced in his mother’s will to inherit her son’s portion of estate. The property deed was

not changed into the spouse name (3 other children on deed). Upon the mother’s death, will spouse have to share her 1/4 of of the house sale with her adult children? Arkansas law applies. Thank you

Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

From your facts, the property will not go through the Probated Will Estate, unless the mother owns an interest in the property at death. Hire a competent attorney to search the title and answer your question for certain.

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: I have P.O.A. for my son, and I am conservator for him. We want to sell his house and need advice.

Does power of attorney, which was obtained before the conservator ship, allow me to sell this property?

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

The power of attorney was revoked by the Order of Conservatorship. You must petition the Court to sell the Ward's real property with the proceeds to be used for his benefit. Hire a competent attorney to handle this Conservatorship proceeding. A Guardian Ad Litem might be appointed here.

2 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: There are 2 adults who have stayed in a house fir 6 months and then they moved into a barn on the same property. How can

How can I get rid of them

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

Hire an attorney to file an eviction for possession action immediately.

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1 Answer | Asked in Contracts and Real Estate Law on
Q: I am the seller of a plot of land, I now have decided I do not wish to sell. Engrossments have gone out to the buyer

Does this mean that I'm in a contract now and legally i'm bound to sign!

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

I assume you mean either a contract or a deed has been sent to the buyers. If so, then there is no contract if you did not sign the contract, which can include emails of acceptance. Land is usually conveyed by deed so if you did not sign a deed, then no conveyance has occurred. Usually the... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: I have court in a city 6 hours away and no way to get there what do I do?

I got pulled over for a revoked license in gatlinburg tn.

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

Hire a competent attorney to represent you. This is a public forum, so many things cannot be discussed.

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: Can my wife put a restraining order on me using her Maiden name? We have not filed for divorce
Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

I am afraid facts and law are not as important in an Order of Protection as other civil actions. If it is brought up, the Judge will simply amend the Petition on the spot. Have no contact with her and hire a competent attorney to represent you prior to the first (and often the only) hearing.

1 Answer | Asked in Real Estate Law on
Q: Is it common to have a demand feature on a refinance mortgage?
Anthony M. Avery
Anthony M. Avery answered on May 4, 2021

It is probably not the normal Note term. However if the lender puts a demand acceleration provision in the Note, then the borrower either agrees by signing the Note or refuses the same. It would be enforceable.

1 Answer | Asked in Estate Planning and Probate on
Q: My friends mom left a will she just found it is Notarized it states she should get everything her sons name is on the

House as well as her mothers her son went to the court with the death certificate and had the house put in his name only and had my friend evicted what can she do does she have any right to that home with the will she has

Anthony M. Avery
Anthony M. Avery answered on May 4, 2021

Your friend needs a competent attorney now. The litigation will be difficult and expensive, and time is of the essence. The Will will need to be Probated, and after a title search, the Executor may need to file an Ejectment Action to get the home back to the Devisee. Few attorneys can handle... Read more »

1 Answer | Asked in Contracts, Products Liability and Real Estate Law on
Q: What type of lawyer do I need to help with a contractor who did a complete remodeled of my home?

Work was completed however cannot get him to do warranty work. He has been fully paid.

Anthony M. Avery
Anthony M. Avery answered on May 4, 2021

Keep contacting general practitioners to file suit for breach of contract until you find one. There is probably a short SOL in the warranty contract.

1 Answer | Asked in Real Estate Law for Texas on
Q: My dad owned my familys home till he passed away He did not leave a will Can someone evict a current resident?

No legal resident has ownership at this time and the house is still in his name.

Anthony M. Avery
Anthony M. Avery answered on May 4, 2021

The Decedent's heirs at law own the property. Any heir as a tenant in common has standing to file an eviction action to recover possession of the property. An Affidavit of Heirship being recorded would help establish standing in Court.

2 Answers | Asked in Real Estate Law for New York on
Q: When do you file a claim against your title insurance

the title agent made a mistake and forgot to pay one of the lien on the house. As a result, i end up owing 50000 dollar plus interest. can i file claim against the title insurance?

Anthony M. Avery
Anthony M. Avery answered on May 4, 2021

I recommend hiring an attorney to make a claim under a specific risk term, such as being free of encumbrances. The insurance company will probably complain that you have not cooperated promptly now, and may deny the claim.

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If a tenant appeals an eviction judgement, do they still have to vacate the property by the 11th day in Tennessee?
Anthony M. Avery
Anthony M. Avery answered on May 3, 2021

The Judgment is for possession. The Plaintiff will get a Writ of Possession executed by the Sheriff if the Defendant remains in possession. A good appeal will involve the posting of a Bond against the owner's further loss.

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