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Questions Answered by Bennett James Wills
1 Answer | Asked in Estate Planning for Tennessee on
Q: I am marrying on 7/7. If I put assets I want to protect in a revocable living trust before I marry, will this suffice?

We were gonna do a prenup but we did not realize it was so complicated. All I need to do is protect some assets(i.e. inheritance, brokerage accounts, etc.) from my future wife's creditors, lawyers, or a judge in the unlikely event of a divorce. We have cohabited for 12 years and all our... View More

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

Assets in your name acquired before marriage are not marital property by statute. Those items cannot be garnished just by way of marriage; a judgment of any type would need to be against you for a creditor to garnish/levy the asset. If you have significant pre-marital assets, you would be wise to... View More

1 Answer | Asked in Uncategorized for Tennessee on
Q: We need help My wife and I had a video walk through from Florida for a new home in TN 3 weeks ago.

The property has changed since we viewed and made the offer. We do not want to take occupancy.

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

Need more info. But you would have to look at the terms of your purchase and sale agreement to determine your rights. Consult with your agent, or better, consult with an attorney to review the facts of your situation and your documents to help guide you.

1 Answer | Asked in Child Support and Divorce for Tennessee on
Q: Do I have to be divorced to be put on child support.

How is child support determined if you are still married. I’ve been separated almost 2 years.

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

You can get a child support order pending divorce. Or you could file for legal separation and seek custody/visitation. Support is calculated using the parties' income, deductions for things like insurance and child care, and then applied to the guidelines. Seek local counsel to assist you to... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: Is there a way to speed up remediation process and have my current alimony and child support payments reduced?

While awaiting Discovery process, is there anyway to petition the court for reduction in the current payment of spousal and child support to reduce my financial strain?

Bennett James Wills
Bennett James Wills
answered on May 26, 2022

You can file a motion to modify if circumstances have changed enough to warrant a modification. Consult local counsel to determine your options.

1 Answer | Asked in Family Law for Tennessee on
Q: Can you get an annulment in TN after 16 years of marriage that began while you were still married to your first wife

You found out you were still married to your first wife after 3 years of marriage to your 2nd wife and you then divorced your first wife however did not remarry your 2nd wife. Does this mean your 2nd marriage is invalid? Can the person who was married be liable and go to jail for bigamy after... View More

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

The second marriage is invalid. Consult local counsel to determine your options.

1 Answer | Asked in Uncategorized for Tennessee on
Q: How can a father give up his rights voluntary if the mother wants him to? Does someone have to adopt the child/children?

The mother wants him to give up his rights but we don't know how to go about doing it if he doesn't give them up then she is gonna continue to be a headache and threaten him with his kids because sometimes he can't see them on weekends due to working not having a sitter or because of being sick

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

You would file a petition to terminate parental rights and litigate the issues. Consult counsel to see if your situation would qualify.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can you have the names on a deed changed?

My husband and I have been living in his grandparents home for 13 years. They have been deceased for 10 years. We have their deed, but do not know what our legal rights are are. The house is needing work and we are not able to take a loan out because the house is not in our home. What are our... View More

Bennett James Wills
Bennett James Wills
answered on May 11, 2022

You need to first determine whether your husband is the sole heir of the property. If his parents are alive, or there are siblings, this will help determine options. Typically, when someone dies without a will, property is passed to the next of kin by statute. The heir files an affidavit of... View More

1 Answer | Asked in Divorce for Tennessee on
Q: Is inherited property that now has both names on deed and payments made from joint funds now marital property?

Property inherited prior to marriage. Has been refinanced with both names on deed. Mortgage payments have been paid from joint bank account. Married almost 20 years. How would property be divided in divorce?

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

Since it's been refinanced and your spouse added to the deed, the court will likely say that the asset is sufficiently commingled that it is marital property subject to equitable distribution.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord terminate our lease early if our rental payments have been late but have always been paid?
Bennett James Wills
Bennett James Wills
answered on May 4, 2022

Depends on the language in your lease and whether the landlord accepting your rent with or without reservation.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Is touching somebody while angry or mad considered assault?

I've seen many cases of someone getting arrested just for yelling or screaming and it was classified as domestic assault. I've also been arrested at a younger age for domestic violence and I barely even touch somebody with the tip of my finger. So I'm wondering if somebody touches me... View More

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

Assault in Tennessee includes placing one in fear of imminent danger or physical contact.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What should be included in rent to own contract by private seller?

I am buying a home in Tennessee. I put $10,000 down on a rent-to-own home. Payments will be $880 per month (including insurance), owner carrying the balance of $85000. I can pay off early with no penalty. I have not signed a contract yet, what should I make sure is included in the contract?

Bennett James Wills
Bennett James Wills
answered on Apr 7, 2022

This is a complex question. Depends on what you ultimately want. Land contracts are usually complicated. Take any proposed contract to an attorney to discuss your wants and needs and to make suggestions.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Tennessee on
Q: My contractor hasn’t finished a simple job for 9 months. Can I just fire him or do I have to wait a certain # of days?

It’s a covered porch. Had to redo cement already. Is t building the roofline agreed to. I just want to cut my losses.

Bennett James Wills
Bennett James Wills
answered on Apr 7, 2022

Your contract would control whether you can fire him. If his lack of performance has materially breached your agreement, then you may have options. Consult counsel to determine your options.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Can my neighbor add fill dirt on his property to prevent water run off to back up onto my land?

My neighbor put 3 or 4 loads of dirt on his property to prevent the water run off to back up onto my land. The dirt is not on the county right of way it is all on his land. This causes the water to back up on my land whenever it rains. It is a county road but I do not know who paid for the tile.... View More

Bennett James Wills
Bennett James Wills
answered on Apr 7, 2022

From your limited facts, it sounds to me like your neighbor has created what's known as a private nuisance. His modification to his land has interfered with yours. You may need to sue him to abate the nuisance. Consult with local counsel to determine your options.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Tennessee on
Q: Can I use my Virginia formed LLC in TN?

I have an electricians license in TN as well as local business licenses. I have registered to pay business tax and franchise and excise tax on Tennessee. I live in Virginia and have formed my LLC in Virginia. Am I okay to use my local TN business licenses and my TN electrical license to perform... View More

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

You could register your VA LLC in TN as a foreign entity.

2 Answers | Asked in Civil Litigation, Family Law and Civil Rights for Tennessee on
Q: Can you sue a family member for owing you 45k but they don’t want to pay back and their is no contract
Bennett James Wills
Bennett James Wills
answered on Apr 1, 2022

Yes. You can sue. But not having a contract for a loan may enable them to a decent defense. Consult counsel to determine your options.

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1 Answer | Asked in Divorce for Tennessee on
Q: divorce with absent spouse whereabouts unknown with 17 yr old child.

wife has been out of the home over ten yrs and is wanted by the state for child support whereabouts are unknown how can I file for divorce without an attorney as I can not afford to hire one?

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

There are forms available online at https://www.tncourts.gov/help-center/court-approved-divorce-forms

But it sounds like you're going to run into trouble serving your spouse and getting a divorce with or without her consent. If you can't afford counsel, try contacting a legal aid agency near you.

3 Answers | Asked in Civil Rights for Tennessee on
Q: Can police enter my home, search, and remove legal weapons and ammo without permission in TN?

I was woken by officers beating on my door. I was told that, due to me matching description of someone who called a crisis line with suicidal ideation, I would be taken to er for evaluation. I refused and told them I was alright and had no thoughts of suicide. I went to close my door and officer... View More

Bennett James Wills
Bennett James Wills
answered on Mar 3, 2022

Tennessee does not have a "red flag" law. From your limited facts, it appears as though the officers illegally searched your home and seized your belongings.

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1 Answer | Asked in Child Custody for Tennessee on
Q: How do I go about finding out what my rights are with my children father has full custody

Only see my kids once a month and wanting more visitation how do I go about doing that?

Bennett James Wills
Bennett James Wills
answered on Feb 23, 2022

You'd need to petition the court for a modification. You would be wise to consult with an attorney for assistance with this process.

1 Answer | Asked in Family Law for Tennessee on
Q: My child’s grandmother has visitation right but isn’t following the visitation hours

When I go to pick him up on visitation time pick up their never their can I stop sending him over their cause shes not obeying the court order visitation times ?

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

Don't just stop complying with a court order. You would be wise to consult with counsel, but if you're having problems then it's best to let the court know and seek a modification as appropriate or seek an order of contempt.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I pay full dues/fees but get none of the amenities others get (gated security, private rd) unfair, breach of fiduciary?

How to get HOA to reduce/eliminate dues (330/yr) for residents not benefiting from any HOA amenities (security gates, private roads) since my house is outside that area. I must use Co. road and no security gates provided. Is this a breach of fiduciary services because I get no amenities that the... View More

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

You would be wise to have an attorney review the HOA bylaws and CCRs. Something seems off that you're being assessed HOA fees without the benefit of receiving services.

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