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Tennessee Questions & Answers
1 Answer | Asked in Business Law and Contracts for Tennessee on
Q: Can an IT company sell prepaid service or block of time and set an expiration date for those services to be used?

If 25 hours of service is purchased can they have an expiration date on when those service hours can be used?

Bennett James Wills
Bennett James Wills
answered on Jul 20, 2022

Generally, yes. And if you do not like the terms and conditions of the purchase, then you do not need to do business with that provider.

For example, I just personally purchased an online continuing education course. I have to complete the course by October, or I lose the ability to access...
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2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: How to remove a lawyer from an administrator position in estate of my husband?

The court appointed the probate lawyer to be an administrator in my husband 's estate,so basically I would like him to be removed from this position and estate to be closed. I just simply do not trust him.

Bennett James Wills
Bennett James Wills
answered on Jul 20, 2022

If he's court appointed, the court would need to remove him. You do this by filing the appropriate petition/motion. Consult a new attorney to determine your options.

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2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: How to remove a lawyer from an administrator position in estate of my husband?

The court appointed the probate lawyer to be an administrator in my husband 's estate,so basically I would like him to be removed from this position and estate to be closed. I just simply do not trust him.

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

That is a motion to remove the administrator for cause, and maybe an accounting. You will need some definite reasons to talk the Judge into removing someone he appointed a fiduciary. Not trusting him will not suffice. Also a proposed successor administrator will need to be suggested, such as... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: What if a minor sends photos of himself to an adult through texting? Can the adult be charged with child pornography?
Bennett James Wills
Bennett James Wills
answered on Jul 20, 2022

The answer depends. The recipient of the photo would likely not be charged if it was unsolicited and the photo(s) were deleted and reported to the appropriate authorities. If the photo was solicited from the minor and the photo is kept - then there's a bigger problem. Facts matter under the... Read more »

1 Answer | Asked in Contracts and Collections for Tennessee on
Q: How can a law firm say you breached a contract you never received or signed?

I supposedly have a judgement against me over $100 even though I've never seen it. The law firm called my job and talked bad about me. Then I agreed to pay $125 I kept paying it, but did not sign a contract stating I would. Last month I only paid $50 because again I didnt sign anything. My job... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 19, 2022

You are entitled to protections under the Fair Debt Collections Practices Act - including obtaining in writing the full basis for any claimed debt or debt validation. But you must write them to request.... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: My sons girlfriend just disposed of appx $3000 with of my furniture that was in the house

He moved out in April and her reasoning was it was abandoned since he had an OP and had to leave. This furniture did not belong to him and she knew. Had tried to retrieve it back in Mid April with no luck. What is my next move?

Anthony M. Avery
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Anthony M. Avery
answered on Jul 18, 2022

File an action in General Sessions Court for Conversion, Action to Recover Personal Property. Hopefully you have service information for her.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: If I lost and replaced my drivers license but then I found the one I lost, is it still a valid license?

Per TN state law 53-50-301 says I can’t have two at the same time, but is the lost license still valid or usable if I found it?

Courtney Cotter
Courtney Cotter
answered on Jul 18, 2022

The replacement is the valid license.

2 Answers | Asked in Personal Injury and Traffic Tickets for Tennessee on
Q: If I'm at fault and given a citation and I end up injured do I need a lawyer?

Was at fault given citation,. Ended up in a boot with 2 broken toes and foot fracture up 6 months healing. I know it's my fault just saying options on what to do tia

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 18, 2022

For what are you seeking an attorney? Based on your post, I would seek an attorney to represent you and help you obtain the best result possible for the citation issued to you. If the accident occurred while you were working then you might have a workers' comp claim and an attorney... Read more »

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1 Answer | Asked in Immigration Law and Family Law for Tennessee on
Q: how much does it cost to get the help I need as us citizens for my wife to get her adjustment of states as a student

marriage green card

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 17, 2022

A US citizen can sponsor his wife who entered the country on a student visa, and thereby adjust status to get a green card. This is true even if your wife is currently out of status. Any lawyer from any state can represent both of you in this process. Some of us handle these types of cases on a... Read more »

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: I was hit by a drunk driver on 04/29/2022 and there are no injuries. What compensation can I ask for

I have not had a rental because they never offered one. They are just now starting to process my claim even though I filed the claim on 05/11/2022. Can I request what it would have cost them in rental fees. Also can I ask for missed overtime because I didn't a vehicle all this time and I... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2022

A Tennessee attorney could advise best, but your question remains open for three weeks. They may not offer the rental; you have to request it. In terms of the lost wages, it could be denied. Only a Tennessee attorney could advise on the operation of your first-party benefits for lost wages/overtime... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: If on a memorandum for simple possession and fail a drug test with 2 more months of probation left what will happen now?

Hi. I am on a memorandum in Lincoln County Tennessee for the crime of simple possession. They put me on 2 years of probation and fined me right at $2500. I paid my fines off about 6 months ago and only have 2 more probation visits left of my two years. I’ve held the same job down for 4 years,... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jul 15, 2022

Hire an attorney to represent you. Apparently you violated Probation and could serve the rest of the Sentence incarcerated. It might get extended though, so be ready to urinate cleanly at Court.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: recently charged with a dui while in my vehicle waiting for a lyft. The car was not running nor was it able to be driven

I had a blown tire. Was in a parking lot after drinks with friends. Called a lyft while waiting for said lyft in my car police came and arrested me. The car was not running and had a literal blown out tire so was not drivable at all.

Anthony M. Avery
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Anthony M. Avery
answered on Jul 15, 2022

The State apparently believes that you drove the car earlier prior to it being inoperable. That is sufficient facts for the charge of DUI.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I got a 2 year sentence for burglary of Walmart which class felony is that and how far does extradition laws apply ?

I just want to know is it being only 2 year sentence. How serious is my felony do I got a d or e . This is my first time catching a burglary but I have been in trouble in the past in 2008 for a class c robbery. I really don't have a lengthy record or serious charges besides the 2008 charge.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 15, 2022

Sounds like a Class D Felony being a conviction for Burglary. It could be an E for Theft though. Read the Judgment at the Clerk's Office. Tennessee will Extradite from other States for Felonies.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can a LLC be put in a trust in tennessee
Nina Whitehurst
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Nina Whitehurst
answered on Jul 15, 2022

Yes, you can, but you shouldn't do this without the advice and assistance of an experienced estate planning attorney to make sure it is does correctly and that you make the right tax elections.

1 Answer | Asked in Divorce for Tennessee on
Q: Can my husband and I file uncontested in Tennessee if we own a home together?

We want to file uncontested because we both want to keep paying on the home and reside here until we are financially able to relocate separately. Is it possible to file uncontested in our situation?

Bennett James Wills
Bennett James Wills
answered on Jul 14, 2022

Yes. It's possible. But you can also sell the house during the divorce and split the proceeds and move on. First recommendation is that you get everything in writing in a proper marital dissolution agreement, which you'll need anyways. Second, you would be wise to get an attorney to... Read more »

2 Answers | Asked in Real Estate Law for Tennessee on
Q: What are examples of Color of Title when it comes to Adverse Possession?
Bennett James Wills
Bennett James Wills
answered on Jul 14, 2022

An invalid deed - such as one obtained under false pretenses. Or for other reasons such as a deed lacking proper signatures and seals.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What happens for a 2nd offense shoplifting charge? Will I automatically go to jail?

The first offense happened 3 years ago. I was banned from the property for a year. I got a diversion when that incident happened & didn’t get into any more trouble until sometime last week when the 2nd offense happened. What the worse that can happen? What are some of my possible options??

Cayley Turrin
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Cayley Turrin
answered on Jul 14, 2022

The best thing to do is to hire an attorney to get you the best possible deal.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was put on a drug registry for 7yrs 4months later the law became 10yrs can they leave me on it for 10

I was put on it under the old law

Bennett James Wills
Bennett James Wills
answered on Jul 13, 2022

What does your court order say about the time on the registry? They can't increase a sentence without notice and a hearing - but they also can't impose a penalty that wasn't authorized at the time. This is known as a prohibited ex post facto law.

1 Answer | Asked in Consumer Law and Lemon Law for Tennessee on
Q: Can we make a dealer repair or replace a bad 5th wheel camper (used)?

Purchased a used 5th wheel camper from a dealer. Got it home and slide-out malfunctioned. Went out crooked, woud not go back in straight. Paid someone to come get it in straight. He found a bent slide rail and gears with evidence of previous damage.

Bennett James Wills
Bennett James Wills
answered on Jul 13, 2022

Depends on whether you purchased "as is" or with or without a warranty. And maybe whether they knew about the problem and intentionally covered it up.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My house has been paid off for over a year I'm supposed to sell in 11 days just found out the mortgage company Aileen

The mortgage company is Wells Fargo and they're taking their time what legal problems can they get into if they don't release it and they make me lose the sale

Bennett James Wills
Bennett James Wills
answered on Jul 13, 2022

Your title company should be handling this issue. Contact them.

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