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Questions Answered by Bennett James Wills
1 Answer | Asked in Civil Rights for Tennessee on
Q: I live in Tennessee. I was not home and my neighbor called the police because he said my door was wide open.

The police went into my home to search for a suspect but I did not give them consent to do so. My landlord wasn’t able to provide them my phone number. Is this illegal?

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

Maybe. Police may enter a home under several exceptions to needing a warrant - two that may apply here are the exigent circumstances exception (searching for a suspect) or the community care taking exception (such as a welfare check).

2 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Are there legal provisions that allow an owner of a shared, inherited property to sell his/her share?

My siblings and I inherited riverfront property which I don't use. My siblings, who along with their kids use the property, won't buy me out. I don't want my kids to inherit the 'problem' and am looking for a way to solve the situation. Can I trigger a market sell? Or some other action?

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

You can force a sale (or buy out) through a partition action with the courts.

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1 Answer | Asked in Family Law and Domestic Violence for Tennessee on
Q: How does the respondent pay for court costs in TCA-36-3-617 and what happens if they don’t pay
Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

Costs are paid to the clerk's office. Failure to pay could result in further penalties.

1 Answer | Asked in Family Law for Tennessee on
Q: My wife is keeping my daughter from me we're separated but in good terms and she won't let me see her or talk to her.

She lives in her parents basement with her now boyfriend and her parents won't let me see her either. I did nothing to her or her parents for this to happen. Her boyfriend has brain washed her. Whats my rights

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

Sounds like its time to file for divorce, custody, and visitation. Seek a local attorney to assist you with the process.

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Is there a list of requirements to ensure a tire/car detail shop is up to code?

I am looking to open up a car detail/ tire shop and want to ensure I am not in any violations when looking for a location.

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

There's not so much a list but various items you may want to look at - for example, codes and zoning. Make sure where you open up shop, you are permitted to operate. Then you'd want to check the environmental laws on disposal of tires and fluids. And then other statutes like the consumer... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have a commercial tenant who sent their rent in by USPS and apparently was lost. Would this constitute a breach?

If their lease is due on the 1st and late on the 5th by The US post office losing their check would this constitute a breach of their lease?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2022

Check the terms of your lease - but typically rent is paid when you receive it. Not when the tenant puts it in the mailbox.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord serve a mailed eviction letter if my rent is only 14 days late?

Sent a letter stating I need to vacate the property my 12-1-22 because I am within this month late on rent. Due 11-1 and have a 5 days Grace period. Is this legal without a 14 day notice to cure?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2022

Look at your lease. Often there are provisions in the lease that you have waived notice for non-payment of rent. If you didn't pay in the grace period, then the notice may well be proper.

1 Answer | Asked in Divorce for Tennessee on
Q: Does the agreement need to explicitly say my spouse will split the equity with me? It only states he will refinance.

We are filing a no-contest divorce and he is supposed to obtain the house and split the equity with me, but the documents only say he will refinance and I will sign a quitclaim deed. Does the paperwork need to specify that he will give me these monies and at what percent or is that implied given it... View More

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

It's always recommended that documents be as specific as possible.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does "possessing a firearm with the intent to go armed" exactly mean?

In Tennessee there are multiple levels of carry allowed for a handgun, but they all seem to hinge on the statement that "intent to go armed" makes the possession illegal. If I carry my handgun for self-defense, then surely my intent is to go armed. This limitation makes no sense to a... View More

Bennett James Wills
Bennett James Wills
answered on Oct 31, 2022

Think of it this way: Under the statutory scheme of carrying handguns - the carrying of all handguns is illegal - because naturally if you are carrying a loaded handgun in public, open or concealed, you are going with the intent to go armed. However, there are exceptions to this rule such as... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can I hire a lawyer to make a call and send a letter to a contractor who has not completed work that has been paid for?
Bennett James Wills
Bennett James Wills
answered on Oct 31, 2022

Sure. Attorneys will often send demand letters. Use the search function to find a local construction attorney to help you out.

1 Answer | Asked in Identity Theft for Tennessee on
Q: My $18,000 GFclock, has been in repair shop going on 4 years. three times it would be ready in 1 wk. What can I do.

They keep telling me it's about ready. The shop I took it to, outsourced the job. I do not even know where all the clock is. Please tell me what to do.

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

You could consider filing a general sessions claim for breach of contract and return of the clock.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: In TN, am I required by law to sign a new lease if my rental property is sold? I have 16 mo left on a 24 mo lease

Based on the reply I received, I need to add more details. There is no clause in the 2-year lease that says the lease is voided if the property is sold. The new owners are buying the house as an investment with full understanding and agreement as part of the purchase that there is a current tenant... View More

Bennett James Wills
Bennett James Wills
answered on Oct 17, 2022

Maybe. You should check the terms of your lease. Sometimes there is a termination on sale clause. If not, the new owner would buy the property subject to the lease.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Someone bought property next to my driveway. They included my private driveway as as easement on their deed.

Their was a Warrant deed in place to my father in law and it is now our Tract 2 on our deed. The county’s tax accessor graph picture was wrong and he used that picture to have a deed made and for the 1st time called it an easement. The property he bought did belong to an uncle that passed away.... View More

Bennett James Wills
Bennett James Wills
answered on Oct 17, 2022

The best way to determine where boundary lines are is to use a proper survey - not a tax map online. If his deed shows encroachment, even if an easement, then you run the risk of a future adverse possession claim. Consult an attorney to review the deeds to determine your options. You may need to... View More

1 Answer | Asked in Business Law for Tennessee on
Q: I have a question, it was stated that it’s illegal for a dealership to ask for a down payment under some kind of federal

I over heard a dealer saying this does it have any truth?

Bennett James Wills
Bennett James Wills
answered on Oct 12, 2022

I think you are referring to a deferred down payment plan, which can be illegal depending on the language used in the purchase agreement.

1 Answer | Asked in Divorce and Probate for Tennessee on
Q: Couple separated for years, divorce underway, wife passes away, living in different states

My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... View More

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: If police officers do not possess a warrant, and they go in and arrest someone in someone else's home is it legal.

And what if the person who let them in does not own the residence?

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

More facts would be needed. If they had an arrest warrant for someone and were otherwise let into the house then there's probably not an issue. Plus there are many exceptions to the warrant requirement regarding searches, seizures, etc. Consult counsel to determine whether any rights were violated.

2 Answers | Asked in Divorce for Tennessee on
Q: I got married in may and want annulment.

We don’t have sex it me it makes me sick

To my stomach.. I listened to him and let him coerce me about the marriage. He retired and said we had to get married by may 31 on may 25 or I wouldn’t be able to be on ins. He’s looked at my private texts while I slept on the way home from... View More

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

Consult with a local attorney to determine your options for divorce.

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1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: What can you be charged with for using someone else's name whenever you are arrested
Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

Yes. It is a crime to give a false identification.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Mailing a legitimate form of serving in TN?

I was mailed a Civil Summons to appear in Tennessee in a few months, which is about 1800 miles from where I live now. Is mailing even a legitimate form of serving, and what were to happen if I can't/don't make it to my Civil Summons?

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

Regular mail for a summons is not valid. It needs to be certified where the post office will deliver it and make you sign for it. If you fail to appear the court may grant a judgment of default, even if it is bad service. Hire local counsel to review the summons and help you make a determination... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was served a federal subpoena to appear in court 09/23/2022 as a witness in a criminal case. Is it liable?

I read that it must be given 5 days in advance?

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

You'd be wise to call the attorney that issued the subpoena and have a discussion about it.

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