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Tennessee Family Law Questions & Answers
1 Answer | Asked in Family Law for Tennessee on
Q: My daughter is mentally ill. How can I force her to get help?

She is 60 years old, lives alone in a house with no water.

T. Augustus Claus
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answered on Sep 7, 2023

Start with an empathetic conversation, encouraging her to seek help. If her condition deteriorates to a dangerous point, legal options like conservatorship may be necessary. Also, consider reaching out to Adult Protective Services if her living conditions are unsafe. Consulting professionals and... View More

1 Answer | Asked in Family Law and Legal Malpractice for Tennessee on
Q: Legal heir can be newly added after 1year in an given certificate. By showing new guideline given.

Sir my friend husband passed in 2021 .actually his father supported her to legal heir certificate by adding mother widow and son and get legal heir certificate in 2022 Feb month then they split their shares given by insurance company. Now his father asking for a share that he has rights in new go... View More

Anthony M. Avery
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answered on Sep 6, 2023

I do not know what a heir certificate is, but you are probably talking about an affidavit of heirship that determines a decedent's heirs under oath. Also I do not know what a go guideline is. If this is some type of TN child support, it has nothing to do with insurance already paid out... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Tennessee on
Q: With someone violating the sex offenders registry, what happens to the children in their custody
T. Augustus Claus
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answered on Jul 31, 2023

If someone is violating the sex offenders registry laws in Tennessee and has custody of children, it can have serious implications for the custody arrangement.

In cases involving a registered sex offender, courts prioritize the safety and well-being of the children involved. If a parent or...
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2 Answers | Asked in Family Law, Health Care Law and Probate for Tennessee on
Q: How can a brother obtain power of attorney from a mother while the patient is unresponsive?
Anthony M. Avery
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answered on Jul 25, 2023

Not Probate Court but Chancery Court in TN. As a relative you need to file a Petition for a Conservatorship. It costs money and time, but if you do not, that brother/attorney in fact will steal all mom's assets. As Conservator, revoke the POA, and ask for an accounting. Notary might get... View More

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2 Answers | Asked in Family Law, Health Care Law and Probate for Tennessee on
Q: How can a brother obtain power of attorney from a mother while the patient is unresponsive?
T. Augustus Claus
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answered on Jul 24, 2023

If your unresponsive relative is unable to make a decision regarding power of attorney, you'll need to go through the Probate Court. By petitioning the court, you can be appointed as their guardian and/or conservator. Guardians are responsible for the relative's physical wellbeing,... View More

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1 Answer | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: Does an executor of estate claim an "OR" car title in the state of TN when the person listed as OR is divorced?

My parent's have a car title with that states my father OR my mother. My father is passed away and divorced from my mother before he passed. My dad also payed off the rest of the loan on the Cadillac car in question after they were divorced and before he passed. Since I, the son, am executor... View More

Nina Whitehurst
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answered on Jul 20, 2023

As far as the County Clerk is concerned (that is who handles motor vehicle titles in Tennessee), upon learning of your dad's passing, they will consider your mother to be the owner. That is because it sounds like they never updated the title during the divorce like they (probably) should... View More

1 Answer | Asked in Family Law and Probate for Tennessee on
Q: If a family member leaves you something in their will and you never received said property??
Anthony M. Avery
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answered on Jul 19, 2023

Was the Will filed for Probate? If not, it has no effect. If Probated, then the executor should have transferred the property to the legatee with a Receipt. A motion can be made in Probate Court, or an Action to Recover Personal Property in Sessions. If there was a Bond, a claim could be made... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Wife left me on 7/7, I have a pension which began 7/1 of same year, does it need to be factored into divorce

She actually left me on 6/30, before my pension began. I have documentation proving the date of abandonment. I am trying to complete a quick and easy divorce by using the documents that are provided on the Tennessee government website. However, it states I cannot use these if I have a pension.

Anthony M. Avery
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answered on Jul 13, 2023

Hire a TN attorney to file the Divorce. Defendant may agree to IR Divorce, but if not you will need grounds. In a contested DV, she will discover the Pension property and claim it is marital property. If you cannot get her to agree to an IR DV prior to filing, you may not want to file the DV.

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Tennessee on
Q: Please describe what happens when charges are bound over to the grand jury.

My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced... View More

Anthony M. Avery
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answered on Jun 8, 2023

If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How much can I ask for after only 2 years of marriage to relocate. I have no money.

After 2 years of marriage, my husband wants a divorce. I have no money. Husband has about 300,000 in assets.

I want to make a small reasonable request so I can have money to rent me somewhere to live. I live in TN.

Anthony M. Avery
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answered on May 23, 2023

That short marriage does not give you an interest in his separate properties. Instead you should have your lawyer demand what you need to transition for the next five years, and not agree to an ID divorce until you get what you want. Without an agreement, he will have to prove grounds for the... View More

2 Answers | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Is my mother or are my two brothers and I entitled to part of insurance money if deceased father was a co-beneficiary?.

My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More

Nina Whitehurst
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answered on May 14, 2023

This question demonstrates a problem with relying on beneficiary designations as an estate planning technique (yes, even for life insurance). When more than one person is named as a death beneficiary, with nothing more, there is an ambiguity created as to what should happen if one of them... View More

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2 Answers | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Is my mother or are my two brothers and I entitled to part of insurance money if deceased father was a co-beneficiary?.

My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... View More

Anthony M. Avery
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answered on May 12, 2023

Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... View More

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1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Q: I want to know if I can sue my divorce attorney for all or part of the money I paid him because he did nothing for me.

I paid a divorce attorney in February 2022 to get a divorce, it went on for 11 months because my wife could not be found and, therefore was never served with papers. We made 1 court appearance and that was to get permission to run an add in the local paper. Soon thereafter, my attorney quit,... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

I assume the $1,000 does not include your filing fees, service fee, publication fee, or the ad litem’s fee.

Even then, $1,000 is awfully skinny to start a divorce case particularly if the attorney knew in advance you didn’t know where your wife is.

While you can sue, you might...
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2 Answers | Asked in Criminal Law, Estate Planning, Family Law and Elder Law for Tennessee on
Q: can he/she get a warrant out on them based on accusations? without questioning the other party beforehand

can they get a warrant out on someone without facts after threatening other parties. making accusations

Brandon D. Fersten
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Brandon D. Fersten
answered on Mar 27, 2023

Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... View More

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1 Answer | Asked in Family Law, Adoption and Child Custody for Tennessee on
Q: I had 2 different children by 2 different men. Neither man is on the Birth Certificate. They haven’t been involved in

9 & 11 years can my husband adopt them?

Hannah Burdine
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answered on Mar 21, 2023

Great news! If you've been married for over six months, your husband has the opportunity to adopt your children. Although the biological fathers are entitled to notice, a skilled and creative attorney can assist in securing their consent, making the process smooth and stress-free. The judge... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: My divorce papers have no child support start date so do the payments start now?

He marked "hand directly to parent" on the papers and when I mentioned this to him he said he's just going to wait for them to come out of his check on its own. Do I need to take him back to court or what do I do because he doesn't want to pay it and the papers was filed March 2, 2023.

Anthony M. Avery
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answered on Mar 16, 2023

It sounds like you did not go to Court, so you do not know what if anything is going on. Call Court and find out when the divorce decree was entered. Order for CS starts then. If no case at Court, then you are not divorced. If CS is not paid, then you must file a Petition to hold him in... View More

1 Answer | Asked in Family Law, Probate, Elder Law and Estate Planning for Tennessee on
Q: How can I file charges against a brother and sister that removed and sold cars titled to dad mom is still alive.

Auto,s guns and much more taken an sold . They are taking from my mom which is elderly but is of sound mind herself

Nina Whitehurst
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answered on Feb 13, 2023

First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... View More

1 Answer | Asked in Civil Rights and Family Law for Tennessee on
Q: Can I get emancipated at the age of 16 without my parents consent
John Michael Frick
John Michael Frick
answered on Feb 12, 2023

Yes you can. It will be quite a bit more expensive, but it is possible. You need to demonstrate that you are financially and socially independent.

In most cases, teens seeking emancipation are actors or singers or athletes or inventors or entrepreneurs. If your parents object, the...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: If my Great uncle passed in 2005 and states that he left no heirs could I step up and claim

A partition has been done[2023]. I'm 40 years old born in 82 and uncle died in 2005.

Anthony M. Avery
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answered on Feb 6, 2023

If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.

1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: What do I do about my husband's death without a will in TN?

What is probate and is it required in TN?

Nina Whitehurst
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answered on Jan 16, 2023

If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... View More

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