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Questions Answered by Bennett James Wills
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...
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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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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... View More

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... View 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: 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.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Had a cop follow me because I pulled out of a parking lot as he was pulling in said I was acting sketchy when I pulled o

I took my dog to the park while I ate a taco, hopped back in and was in R about to pull out. Stopped to set my podcast and a cop pulled in, I looked behind me and backed out. The cop followed me, so I pulled over to see what he wanted. He kept going, he went R me L. 20 sec later he pulled me,... View More

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

Sounds like you were stopped without cause. Did you consent to the search? Consult local counsel to determine your options on fighting your citation.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: Can i file contempt of court on my ex husband for not letting me get our daughter on my weekends?

I am suppose to get our daughter the 3rd weekend of every month an since February 2022 he has blocked me from having any contact with her an want let her come. I believe they have moved to North Carolina also but im not forsure.

Bennett James Wills
Bennett James Wills
answered on Jul 5, 2022

If he has violated the court's orders, and moved without following the procedure in the statute regarding moving, then you could seek contempt. You are also allowed uninterrupted phones calls with the minor during your non-custodial time by statute. Consult local counsel to see whether you can... View More

1 Answer | Asked in Child Support for Tennessee on
Q: Will a judge take normal child support and leave a father in homeless?

I'm struggling with my own self because of what my in-laws and wife has done. I'm trying to pick up the pieces they left behind. I'm trying to do that, support my son and make a life for us. If I get hit with what is normal on child support I'll be literally on the streets.

Bennett James Wills
Bennett James Wills
answered on Jul 1, 2022

Judges tend to place child support as priority number 1 as far as "creditors" go. I've been in front of judges that have told litigants to forego utility bills, credit cards, etc., to make their child support payments first because failure to do so could land you in jail.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: 1. In the state of TN can a landlord use their key to enter an apartment at any time.

I'm accused of smoking inside because my clothing smells like smoke and my couch but have not been smoking inside apartment

Bennett James Wills
Bennett James Wills
answered on Jul 1, 2022

Look to the terms of your lease. But a landlord may not enter at just anytime. They have to give reasonable notice.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is it legal for my landlord to have my car towed for being behind in rent

My landlord refuses to give me a parking permit because I'm behind in rent they have now had my car towed because it did not have a parking permit and said they will continue to do so until rent is caught up

Bennett James Wills
Bennett James Wills
answered on Jun 30, 2022

What does the lease say? Your answer may be there.

1 Answer | Asked in Child Custody for Tennessee on
Q: Info on how to file for child custody when parents live in different states?
Bennett James Wills
Bennett James Wills
answered on Jun 30, 2022

Depends on who is filing, where the parties reside and for how long. Jurisdictional analysis depends on several factors. Hire counsel to determine your options.

1 Answer | Asked in Child Support for Tennessee on
Q: Info on how to defend myself against child support when being put into a situation by my wife and in-laws

My wife has taken my child from me before. This time after we got back together and moving to TN because she hated Wisconsin. She and her Mother-in-law left me with a debt that include my Mother-in-law not paying for her husband's and her cell phone in a attempt to take me out the picture.... View More

Bennett James Wills
Bennett James Wills
answered on Jun 30, 2022

Child support is determined by income of the parents with certain deductions for insurance, day care, and medical costs. This calculation is then made on the guidelines in accordance with the custody schedule. Having "debt" is not going to factor much, if at all. You would be wise to hire... View More

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: What about modification of a temporary parenting plan?

I have an agreed order with 2-2-3 schedule while living with spouse during divorce. I want to move out and ask the court for primary custody.

Bennett James Wills
Bennett James Wills
answered on Jun 29, 2022

The procedure would be to file a motion seeking that kind of relief. But any major life change like moving needs to be done by an appropriate court order. You would be wise to hire counsel to assist in this process.

2 Answers | Asked in Child Support for Tennessee on
Q: Can I ask my child’s father have to pay my attorney fees since I have to take him to court for non payment

My child’s father has not paid his court ordered child support in almost 5 years, the state of Tennessee tells me to get a lawyer bc we have a parenting plan which states the father is to pay 200 a month for the child. Has not paid in almost 5 years, I don’t have money to be paying for a... View More

Bennett James Wills
Bennett James Wills
answered on Jun 28, 2022

As the other answer says, you can seek attorney's fees. These are authorized by statute, including civil or criminal contempt. However, if you are awarded fees, it's just a judgment like anything else. He may not have the ability to pay and you may not be able to collect. You would still... View More

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