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Questions Answered by Anthony M. Avery
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is it legal for your landlord to sell the house u r renting without letting u know ?
Anthony M. Avery
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Anthony M. Avery
answered on May 25, 2022

Absolutely... unless your lease says otherwise. And the new owner takes title subject to the rights of the tenant.

2 Answers | Asked in Divorce for Tennessee on
Q: Good morning! I sent my wife in Illinois divorce papers in January, and she refuses to sign and return them.

We married in 1994. We both have been unfaithful (she had three or four kids outside of the marriage, I had one). We have been separated physically since March 1998. She has on a couple of occasions indicated that it is time to end this, but now that I am officially seeking to end it, she refuses.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 25, 2022

She is contesting the Divorce. You will need to file a suit upon grounds for divorce, and serve her. I recommend you hire an attorney to see it through.

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What happens when a writ is filed against u in Nashvile TN on an eviction
Anthony M. Avery
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Anthony M. Avery
answered on May 24, 2022

I assume you are the defendant on a Writ of Possession. Soon the Sheriff will physically remove you from the premises. If you return, it will be Criminal Trespass.

1 Answer | Asked in Probate for Tennessee on
Q: Can property be sold while going through probate?

Creditors have been notified about the probate. If they chose to respond, will they reply to the attorney's office? If they do not respond, will the debit still be required to be paid?

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2022

Some creditors (like TENNCARE) do not have to respond, and yet must get paid and released. Most creditors will have to perfect their claims with the Probate Court, but some can file up to a year from date of death. Some unperfected claims will be denied. Your attorney should have told you this.

1 Answer | Asked in Probate for Tennessee on
Q: I have an attorney working an estate through probate. I have tried repeatedly to get them to respond. Any suggestions?

I sent several emails that have gone unanswered. I have been in the office and still get frustrated blank looks. I hate to start over since the process has already begun, but I’m at a loss as to how to my questions answered.

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2022

If a Probate Case has not been filed yet, then you need to determine if Probate is necessary in the first place. An analysis of the properties involved must be performed first, and it sounds like you may have jumped straight to Probate just because you thought you had to. If the Estate is being... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: I have a home that belong to my grandparents who died I've been living in a home for over 15 years and now I need to a

title.Everyone else has signed off on the paperwork I have an aunt who will not sign the paperwork and the house legally belong to my grandmother which is not her mother and the only claims that she would have is that my grandfather was married to her which is her father what's best can I take... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2022

Has anyone determined who the actual Heirs-At-Law are? You probably need a competent KS attorney to determine who the present Tenants In Common are, then proceed with a Deed with a complete Derivation Of Title Clause in it, and maybe more.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I inherited property with a storage building that a relative claims ownership of. Can he take or sell it?
Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2022

It is possible that he can prove ownership. Just because it is on what is your land does not mean it is a fixture. It may be easily moved. Either party may possibly sue for conversion depending on what happens.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: If the property owner dies without owing property taxes,heirs aren't notified of future delinquencies, city sell propert

Property sold at the ax lien sale, can anything be done about this?

Anthony M. Avery
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Anthony M. Avery
answered on May 20, 2022

There should be a Redemption period, but it may have already run. Contact a LA attorney today with the exact facts to see if the Heirs can get the property back.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Where is a Original copy of a Will stored within the government facility

Family property left to children

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

The Testator can ask the Clerk & Master of the Chancery Court to hold onto the original Will until it is needed by the Executor for Probate. However it is not required and is rarely utilized. Usually you have to search for the Will amongst the Decedent's belongings. A copy of a... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If a report for domestic abuse was reported but charges were not pressed, than what happens to the offender?

And what happens to the report ? How long does it stay on file?

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

If no Arrest Warrant nor Indictment is issued, then no criminal charge is ever made. Incident Reports for the various LEO agencies may stay on file at the department forever. The Report is not a criminal charge itself. The alleged offender is never charged with an offense.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: A property has a gravel road labeled as servitude of passage. Who is the dominant? What if the dominant won’t allow me
Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

Dominant Estate is the property getting the benefit of passage, access, etc. Servient Estate is the property with the road/path over it. You may need to hire a LA attorney for Easement problems.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Tennessee on
Q: how to sell a join property in India owned by my aunt and uncle (green cred holder) in USA. uncle died without a will.

the husband and wife is a green card holder in USA . Death certificate of the husband is available. can you please advice what is the procedure in changing the share of the property in India to her(wife) name. Also,this couple has no children.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 19, 2022

You will need to hire a competent attorney. Heirship determination will be according to the State of death. An interpreter may be needed. India's laws will control the Deed's terms and recordation if a Deed is needed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have 2 trees sitting on my property line and I would like to put up a fence can I cut the trees down.

The trees are on the property line so they are on both properties.

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

You will want to ascertain the Boundary as accurately as possible. Read your's and the adjacent owner's Deeds. Usually you will want to make the trees part of the fence, but you can probably cut them. But do not be surprised if a Boundary Dispute erupts.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Does my wife have to be bought out of her portion of ownership of a house or can she be sued for her percentage?

My wife is a partial heir to her deceased grandparents house. Her cousin is another partial heir and wants to keep the house for himself to live in. He is threatening my wife with a lawsuit if she does not sign a quit claim deed, giving him ownership of her portion. Does he need to buy her out or... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

Actions for a Sale For Partition are filed alot. She can sell her Tenant In Common Interest, do nothing or get sued for Partition.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Why doesn’t Walmart persecute shoplifters and if they don’t prosecute then what do they do?
Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

Walmart's agents frequent witnesses in Sessions Court. Usually permanent trespass prohibitions are also ordered. You have been misinformed.

1 Answer | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: What is the statute of limitations in Colorado for a buyer to sue a seller after the sale of a home?
Anthony M. Avery
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Anthony M. Avery
answered on May 18, 2022

You will need to hire a competent CO attorney to figure out what the applicable SOL is, as different causes of actions have different SOLs. Despite numerous postings, noone has responded because your question is incomplete. Call one of the CO lawyers listed here on Justia, whom I have noticed... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for West Virginia on
Q: My dad wrote a handwritten will his wife contested it and we are waiting to have a hearing can his wife try to sale it
Anthony M. Avery
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Anthony M. Avery
answered on May 17, 2022

If the property goes through his Estate, then it has a cloud on the Title. No reasonable purchaser would want such title, but they might buy it cheap and get a Quit Claim Deed. If she is the executrix, it might be grounds to remove her.

1 Answer | Asked in Foreclosure and Real Estate Law on
Q: on redeeming mortgage, will possession go to the mortgagor or subsequent purchaser who has been sold property by owner

The mortgagor had leased its limited rights of lease to obtain loan. The possession later on passed to the mortgagee due to default of mortgagor. The owner had sold the property during the term of the mortgage. Now, on redeeming mortgage, will the possession go to the mortgagor (who has no... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 17, 2022

It sounds like the mortgage has already been foreclosed upon which merges the title into the purchaser at the sale. Sorry but I do not know what "redeeming a mortgage" is. The mortgagor may have had some type of redemption right, but they are usually waived in the mortgage.... Read more »

1 Answer | Asked in Military Law for Tennessee on
Q: i’m in the tennessee army national guard. i had a question about legal action on attending drill dates.

if i chose to stop attending my monthly drills, what legal action could ensue? i know since i’m not an active duty soldier it’s a state to state basis but am not able to find anything regarding the tennessee laws on the matter. thanks in advance!

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 17, 2022

You can be arrested for AWOL and Theft Of Property, as well as receiving a bad Discharge.

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