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Questions Answered by Leonard Robert Grefseng
1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: I turn 18 in october, but i’m still in high school. Can i legally move out in the state of Tennessee when i turn 18?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 10, 2019

At age 18, any person is considered an adult in Tennessee ( except for the purchase or consumption of alcohol, for which the minimum age is 21).

The real issue, which is not stated in your question, is whether you should move out: do you have the maturity and resources to live...
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2 Answers | Asked in Banking, Estate Planning and Real Estate Law for Tennessee on
Q: My grandfather passed away and left his estate in my name. My grandmother is still alive and the bank is threatening

foreclosure, because they owe $27,000. As the property owner what are my options?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 9, 2019

If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the... View More

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Do you have to pay back rent if the owner sold the property and gave no notice of selling?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 9, 2019

you owe rent for the entire time you occupy the premises- either to the new owner or, if "back rent" probably to the previous owner.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: My landlord wants me to pay to get a water damaged countertop replaced in my kitchen, but I was not negligent.

They cited improper wiping, but I know I did not expose the area to water beyond normal use. I strongly suspect the problem is due to the laminate countertop not being properly installed and/or sealed where the countertop meets the backsplash piece. What recourse do I have?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 9, 2019

If you refuse to pay, the landlord is likely to try to evict you. Ultimately, you could go to court and let a Judge decide what caused the damage.

If they evict you, the landlord will try to withhold your security deposit.

I would not agree to pay for damages I did not cause, but...
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1 Answer | Asked in Family Law for Tennessee on
Q: Is a 17 year old in Tennessee allowed to leave home against his parents wishes? Not moving out, just visiting friends.
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 9, 2019

No, until a minor reaches the age of majority ( 18) they are subject to parental authority.

1 Answer | Asked in Family Law for Tennessee on
Q: Can I move my daughter out of state? I am unmarried and recently split with my boyfriend/her father. There was no prenup

I have no support and no family in Tennessee. My nearest family is in Indiana. I want to leave but he threatens to report me for kidnapping. What should I do

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 5, 2019

If there has never been a formal court action to confirm paternity, you, as the mother have sole custody. It is not 'kidnapping" to relocate, but I suggest you check with a lawyer in both Indiana and Tennessee first: you need to collect child support for this child so you need legal... View More

1 Answer | Asked in Business Formation and Real Estate Law for Tennessee on
Q: i am loaning money for a house flip. I will have a promissory note. Is that enough to protect my investment?

The house is to be short term leased from the current owner during the renovation, so the person I am loaning to won't own the property until the day before it is re-sold.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 5, 2019

NO- if I were you, I would not loan money on real estate without a lien on that real estate. If the deal goes bad, you want to be able to force a sale of the property to get your money back. The current owner will need to sign the note and a deed of trust/mortgage.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have given the 30 day or remedy the unpaid amount. I need to know if I must file in court? Also I need to get this on

the market to rent. Can I show it once 30 days are up? Do they get another 30 days after the notice if they don't pay? If they stay, I will want a new lease bc this one has been broken. Can I do that?

Ty! Sue M.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 5, 2019

This can't be answered without checking the lease agreement. If there is no written lease and they tenants pay monthly rent, it's a month to month lease ( NOT "30 days"). If there have not cured the unpaid rent within that time, YES you must file in court to force the eviction... View More

1 Answer | Asked in Child Support for Tennessee on
Q: if I father a child out of the country will the courts consider this to lower my current child support obligations?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 2, 2019

Only if there is a court order which requires you to support that child and if so, only to the extent you actually pay the court order child support.

1 Answer | Asked in Family Law for Tennessee on
Q: Ex wife upset with verbal agreement that we made years ago. What are my options?

Live in Tennessee. Had uncontested divorce with verbal arrangements. She filed both kids on taxes and I got them every weekend. Kind of equaled out support payments that were drawn up standard. Recently she has gotten off drugs and on antidepressants and seeing a psychiatrist. Now the agreement is... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 27, 2019

You ARE in danger of getting hit with back pay- the Courts, in my experience, do not honor "verbal agreements" which contradict or vary the court orders. The Courts will indeed, go by the Court orders. This situation is far too complex to try to resolve in this question/answer format.... View More

1 Answer | Asked in Divorce for Tennessee on
Q: I'm filing for divorce in TN but we were married in al. Where would court be held?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 19, 2019

You can file in Tennessee IF you have been a resident of TN for at least 6 months. Court would take place in the county of residence.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a house is jointly owned, may only one of the owners sign the agreement with a RE agent to sell it?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 19, 2019

ALL the owners must sign if the contract is to be binding. However, any single owner can force a sale through partition.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: My daughter is pregnant and unmarried. She lives in Bradley County, Tennessee and he lives in Walker County, GA. He will

still be in high school when the baby is born. My daughter is in college. She will be living with my husband and I. We are stable and able to help her financially with the bab . My question is since he is still in high school would it be who of her to establish a custody agreement prior to the baby... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 14, 2019

In Tennessee, I do not think it's possible to establish "custody" of an unborn child. Think about that- who else can have custody of an unborn child? Additionally, Tennessee law no longer favors the use of the word "custody" - the preferred term is "primary residential... View More

1 Answer | Asked in Adoption and Family Law for Tennessee on
Q: How can I adopt my former step children in Tennessee? They are adults.
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 13, 2019

This is not something a layperson can do without an attorney. An adult can be adopted ( of course, they must consent). Like an legal proceeding, it begins with preparing and filing with the clerk of the court a written petition ( request) for adoption, giving the required notice, and scheduling a... View More

1 Answer | Asked in Family Law for Tennessee on
Q: What is the benefit of being named the primary residential parent in TN, when a parenting plan is 50/50?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 8, 2019

You are correct from your question that equal parenting time ( and joint decision making) render the designation of "primary" as of little substantive value. However, I understand in some areas, the local school board will look to the designation to determine which school zone to apply,... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I live in Tennessee, my husband bought a townhouse 2 years ago but I wasn't able to be on the mortgage because...

Of my credit. If my husband was to pass away or anything happened to him would the house be passed to me as I did have to sign?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 8, 2019

You must double-check the DEED ( not the same document as the "mortgage" or "deed of trust"- both relate only to the loan). If your name is on the deed along with your husbands', you are a co-owner with him and upon death, it would pass immediately to you. If your name in... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Tennessee on
Q: In tennessee can a women sign as the father on a birth certificate when the child is born?

Will they get the "fathers" last name and rights to the child?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 7, 2019

Only the father can sign a V.A.P. ( voluntary acknowledgement of Paternity). If not signed by the father at the time of birth, the only way to established parentage for a child born out of wedlock is for either parent to file paternity proceedings and have DNA testing done.

2 Answers | Asked in Criminal Law, Federal Crimes and Probate for Tennessee on
Q: How do I find out how much time my son has in jail in Tennessee. Online it says he is on probation that was a month ago

I called around and no clear answers. I am in Florida and don’t know what to do.the information online is wrong and I am starting to think he is lost in the system. Is there any number or person I can call to help. Tried Williamson jail where he is they said he is state property looked online and... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 7, 2019

I suggest you contact the court clerk - if he is serving a sentence for a criminal offense, there is paperwork at the courthouse that says what he was convicted of, and what his sentence is, and whether it is to be served in the local jail or the Tennessee Department of Corrections. If he have... View More

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1 Answer | Asked in Child Custody and Child Support for Tennessee on
Q: I got someone pregnant but am married to someone else. She is in Tennessee and I am in Alabama.

She says she will sign away me having any responsibility for the child including child support for a sum of money. Can this be done?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 5, 2019

Not under Tennessee law. Parental rights can be terminated only if another man is willing to adopt the child.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on
Q: i was served a forcible entry and detainer or an unlawful detainer made by the defendant ....what dose this mean
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 5, 2019

The landlord/property owner wants possession of the property, or in other words, this is an attempt to evict you ( make you move out).

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