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Tennessee Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Does accepting pretrial diversion preclude me from suing police in civil rights case

I was arrested for first time in my 61 yrs for assault of police, resisting arrest, and disorderly conduct. I had called 911 after being the victim of road rage and simply ask police to put on their masks due to COVID. I was injured in arrest and refused medical care. That evening after released... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

From your facts I do not see a §1983 cause of action. But Diversion is usually the best disposition. Prior to the plea you will want to talk to an experienced attorney who knows how to file a Government Tort Liability Action. Again I would not file the suit as it is not a perfect... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: A man died in TN w will. Beneficiary cant be located. No immediate family. Is there any reason sibling couldnt be heir
Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

Hopefully nobody has filed that document for Probate. Then a good lawyer can provide a source of title for the existent Heir. If Probated there is a statutory process for searchng for heirs, which is expensive and difficult. The Estate may not be worth it, and whoever filed it for Probate... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: I recently moved to TN from GA, do I have to update Will, POA, Health Care Directive, Living Will?
Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2021

There no law that requires you to update any of your estate planning documents when you move from one state to another, but it is always a good idea to at least have them reviewed by an estate planning attorney in the state to which you have moved.

1 Answer | Asked in Probate for Tennessee on
Q: I am the Administrator for my son’s estate. He signed a note to his former employer. Can I dispute?

Can I make them provide receipts for charges? Also, he had some vending machines at their business with a partner. They are claiming after 15.years that he doesn’t own them and are keeping his proceeds and still sending the partner theirs. Is this legal?

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

The creditor has the burden of proof for a debt. And as the Administrator you have standing to sue for breach of contract, which is going to be hard to prove, and you have the burden of proof. You will have to have a competent TN attorney and time may be working against you. You will have to... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: does the state have to have the gun for it to be a possession?
Anthony M. Avery
Anthony M. Avery answered on Sep 21, 2021

Do you have a question, as the State possesses many thousands of firearms.

1 Answer | Asked in Banking and Probate for Tennessee on
Q: Small Estate Affidavit

My father died 5 months ago and my mother is being told by her bank that she must file a small estate affidavit with the court before they will give her a "gold seal" that she needs to receive earnings from some stock my father owned. She has received conflicting stories from every... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2021

The assets that are counted for determining whether the estate is under the small estate affidavit limit would NOT include the "jointly" owned house or vehicle, but there is a process that needs to take place to get those retitled.

The personal property and bank accounts of the...
Read more »

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: Is the charge of aggravated child abuse to a child 9-17. Expungable in the state of Tenn?
Anthony M. Avery
Anthony M. Avery answered on Sep 20, 2021

A Dismissable could be expunged. Conviction is permanent and no expungement.

2 Answers | Asked in Criminal Law for Tennessee on
Q: i am charged with possesion of marajuana with intent to resell and possesion of methampedamine withing 500ftof a school

first offense only about 3.5lbs of marajuana and 7.5 grams of meth..what am i facing

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

Probably 8 to 12 years. Maybe more.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: I bought my home 12 years ago and put up a 5 foot chain link fence. My new neighbor behind me claims I'm 5' on his line

Does adverse possession apply to me?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

It is possible that you, your predecessors and the same for the adjoining property, may have ACQUIESCED to the established on the ground boundary line, irregardless of the titled legal description boundaries. But 5 foot is alot, and it sounds like he just got a survey. It may be prudent to... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for Tennessee on
Q: herlp with idenity theft personal freedom violations forgery fraud illigeal financial transactions theft cryptocurtency

im west tn it is ongoing and expanding to point cell numbers emails stolen every sigle aspect my life affected hidden cam ease dropping- extensive.. point i am complete prisioner who would i contact to help stop and convict these individuals thanku respectfully jg MD

Tim Akpinar
Tim Akpinar answered on Sep 15, 2021

A Tennessee attorney could advise best, but your question remains open for two weeks. You could reach out to attorneys who handle identity theft matters. It could also be worth considering reaching out to financial institutions who handle your banking and credit cards to find out if the identity... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Work has been done to property before purchase and now they’re asking for more money due to property taxes increase.

Closing date was pushed 8 days one day before closing date. On supposed closing date told we need 12k more or we can’t purchase. We’ve already gave $5500 between realtors and title company, have over 10k in work and repairs in the property. Paid for 2 appraisals. What are we able to do to... Read more »

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

Hire a competent attorney today, as you have went in way too far (and the seller knows you are good for alot more money). It appears the contract is already breached, and the seller intends to keep your investment into something you do not own. It is doubtful you will recoup anything. You... Read more »

1 Answer | Asked in Appeals / Appellate Law and Probate for Tennessee on
Q: we are needing to do appeal on a probate judgment which happen 2 weeks ago.

We were being sued by my sister which she thought we stole money from my mother when she lived with us. this is not true. we browed money and mom knew about and came up with agreement which this paperwork was not admit in because we did not have anything with us because we did not know at the... Read more »

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

If within 30 days of entry of the Judgment, you might file a Rule 59 Motion To Alter or Amend with the Probate Court. Later you might consider an appeal, but first you want the trial court to hear that you actually borrowed money and were paying it back. Hire a competent attorney as you need a... Read more »

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: Hi, my parents are taking me to court for emergency custody of my daughter. She has been living with them for 3 years of

Hi, my parents are taking me to court for emergency custody of my daughter. She has been living with them for 3 years off and on { turns 4 in March} I have all the text messages where I have been trying to get her back but they would not let me. I do not do any drugs/alcohol or anything. I also... Read more »

Denania Galloway
Denania Galloway answered on Sep 14, 2021

Make sure you show up for the court date. I highly suggest you retain an attorney to help with your situation.

Outside of that, the State of TN usually holds preference to the biological parent unless there are other circumstances like dependency and neglect, drug and alcohol abuse, or...
Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Under overtime exemptions when does the managing two employees section kick in?

Under exempt employees salary laws. It says if you manage two or more employees you are exempt from overtime. I worked as a night manager at a quick-serve restaurant. Most nights I worked I would be with one employee but they would change out with other employees depending on the shift. Every so... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 14, 2021

More information is needed here. Under the executive exemption, you are exempt from the overtime pay requirements of the FLSA if you manage at least 2 employees or their equivalent (among other requirements). This can be two full-time employees, or their "equivalent" (i.e. two part-time... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Moved before writ of possession, went to get rest of my things, landlord was stealing my things, is this lega
Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2021

It may have been Conversion. But it was definitely Criminal Trespassing for you to go back there.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How to file adverse possession in tn
Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2021

You do not "file" for adverse possession. If you are serious, then hire a very competent attorney who actually conducts real property litigation (not closings), and pay him alot of money for advice what to do for the next several years.

1 Answer | Asked in Arbitration / Mediation Law for Tennessee on
Q: How do I proceed (I am the renter) with the arbitration mandated in my apartment lease?
Tim Akpinar
Tim Akpinar answered on Sep 14, 2021

A Tennessee attorney could advise best, but your question remains open for two weeks. You could consider reposting and adding Landlord-Tenant as a category, especially if the substantive law involved in your matter involves a L-T issue. You're correct in choosing arbitration as a heading, but... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I wanted my girlfriend to move out how do I make her go?

I am the home owner and her name is not on anything in the house except trash pickup

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

File a Detainer Warrant for Possession Only. It must be served or posted. Do not get into a fight with her, or she will generate substantial leverage.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Should the indictment read theft of property over 1000 instead of simply theft of 1000 .
Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2021

Probably... But that is the State's Burden of Proof, and is simple to meet as the victim can testify to the value of property stolen.

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