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Questions Answered by Bennett James Wills
1 Answer | Asked in Child Custody for Tennessee on
Q: If I have sole legal and physical custody and my ex is trying for joint legal and physical custody, will they award it?

I’ve had sole/physical custody for 10 years. My ex is asking for joint now. She abused him when he was an infant. He does well in my care. What are her chances?

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

More facts are needed to make any such determination. Consult local counsel to review the filings and history of the case and the parties in order for you to get a proper answer.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Can I sue My daughter’s friend for wrecking my car? I’ve had a stroke, my insurance lapsed, she rear ended someone

Police report was not made as the girl says the much older other driver basically talked them out of calling. My car is messed up and the drivers dad says she’s not responsible. Am I out of luck?

Bennett James Wills
Bennett James Wills
answered on Sep 9, 2022

Sure. You could sue her for the property damage. Winning and collecting may be another issue. A lot more facts would be needed to assess your case. Consult a local attorney to determine your options.

1 Answer | Asked in Family Law for Tennessee on
Q: What type of POA do I need to get before spouse becomes completely unable to answer for themselves?

Person is getting dementia

Bennett James Wills
Bennett James Wills
answered on Sep 6, 2022

You'd be wise to discuss these issues with an attorney to make sure you and your spouse are fully covered. The usual documents are a will, durable power of attorney, and medical power of attorney. But your particular situation may be different.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I live in a Condo. community what percentage of the units can be rental property?
Bennett James Wills
Bennett James Wills
answered on Aug 24, 2022

Start by checking the HOA bylaws.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I received my first ever traffic ticket for cell phone. Do I just show up on my court date or let them know before I go?

I received my first ever ticket for holding my cell while driving. I wasn’t talking or texting. I picked the phone up to show my daughter something and was pulled over. This happened the end of May and my court date is this week. So, my question is do I just show up on my court date or do I have... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 22, 2022

You should always appear if you have a court date or risk other consequences. You don't tender a plea before hand.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: How can you when. Appeal that take it back that. Ñot right
Bennett James Wills
Bennett James Wills
answered on Aug 22, 2022

You have 10 days to file an appeal from general sessions to circuit; or 30 days to file a notice of appeal from circuit/chancery/criminal to court of appeals after final judgment.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I had a seizure on my way home in Gallatin Tennessee they charged me with my third DUI they went back a total of 20yr.

Also got simple possession. I'm 52 and take care of my disabled brother what should I do

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Hire local counsel to defend the charge. An attorney can review the facts and circumstances and determine whether you have a good defense, as well as engage the necessary experts regarding the medical condition.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I have concerns about visitations resuming with NCP in TN.

I have had custody of 13y/o daughter since 2013, NCP recently relapsed and is back in rehab. I have questions about visitations now as she lost her home and states visits have to be at her parents again. However, visits at her parents are part of the reason our child ended up inpatient at... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Consult with counsel. This seems to be a complicated situation that you may want to consider going to court over to modify the current plans.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does casual exchange mean an can I find out with who
Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

TCA 39-17-418(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice...

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Is a printed out will valid in tennessee as long as it's signed by the Testator and in the presence of two witnesses
Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

A last will and testament must be signed by the testator and two adult witnesses to be valid.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I made an offer in a house and had to back out, but there was never a mention of earnest money through any of this

I told the agent I had to withdraw my offer for financial reasons and she’s been telling me the sellers complaint has been making a big stink about it and said they were advising their client to speak to an attorney. Now today my agent is telling me no worries, it’s all good and sends me the... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 18, 2022

An attorney would need to review all of your documents to determine your rights and give advice on whether you should sign something. But if you made an offer using an agent in Tennessee, you very likely signed a Purchase and Sale Agreement on the standard TAR form when you made the offer. That... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I closed on my house yesterday. Today I receive a call that the buyer is mad about a area of drywall in the garage.

It’s approximately 20” around where the atv tires were rubbing and chewed it up. I didn’t think about any drywall discrepancies in the garage while signing my disclosure paperwork and I marked nothing was wrong with anything to my knowledge. Now they are talking about possibly contacting an... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 15, 2022

They could sue you - whether they prevail is another issue. But from these limited facts, it sounds like they didn't complete their due diligence prior to closing.

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Sexual Harassment for Tennessee on
Q: In Middle TN. It is illegal to point your home security cameras at a neighbors front door and record them?

My husband and I live in a private camping community in Nunnely, TN. Our neighbor to the left of us keeps pointing his home security cameras at the front of our camper and records us. We have on multiple occasions caught him creeping around spying on us. And also has recently stole from us. The... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 9, 2022

Tennessee is a one party recording state. If the cameras are on his property and otherwise in public, then he can pretty much aim them anywhere. You may have a civil claim for invasion of privacy (statutory and common law) depending on needing more facts. Consult local counsel to see what, if any,... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I received a summons to court for an eviction hearing. If I move out before the hearing am I liable for court costs?
Bennett James Wills
Bennett James Wills
answered on Jul 22, 2022

Depends on whether they are seeking possession only or possession + damages; or possession and reserving on damages. Court costs are usually taxed to the defendant.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can I force the sale of a home I shared with my ex husband if he's disabled?

Home is in both names he is disabled and gets ssdi. Can I force him to sell the home and give me half? Or does the laws protect him on this?

Bennett James Wills
Bennett James Wills
answered on Jul 21, 2022

Need some more information. But it sounds like you've been divorced but still have the house? If that's the case, an attorney would need to look at the deed. A divorce would sever the tenants by entirety status and make it tenants in common. An attorney would also need to review the... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: My homeowners Insurance company whom we’ve been with for 30 years recently sent us a cancellation letter due to 4 claims

Our first claim was due to under ground pipe burst. We had to move out of our home for 6 weeks. During that time our house was vandalised once and broken into 2. We would like to remain with our insurance company instead of being cancelled.

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

Check the terms of your policy. That will tell you whether they can cancel. It may be time to find another company.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: 1. Can a landlord void a lease after it is singed and after taking moey for reent after voiding the lease.

The landlord presented a lease that was signed 2 january 2022, they then voided leases in may saying the tenant does not have any income and cannot live there without income.

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

The terms of the lease would control the issue. Typically landlords run a background check and verify income before renting to someone. But once you're in a lease, unless the terms state differently, they can't then just decide unilaterally to terminate the agreement.

1 Answer | Asked in Child Support for Tennessee on
Q: Noncustodial parent hasn’t paid child support and has a personal injury case How can I confirm if settlement was reach

We have a contempt of court case coming up and I’d like to prove that he has money to pay child support.

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

Check the dockets. Settlements are oftentimes confidential, so you may never get that information. Consult with a local attorney about how to attach that settlement/potential settlement.

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...
Read more »

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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