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Questions Answered by Anthony M. Avery

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on

Q: Where would I call to file a criminal charge for official misconduct on tn city employee, no response from demand letter

We sent a demand letter to the city a few weeks ago and recieved no response. Whom do we contact to file a criminal complaint on a city employee for official misconduct.

Anthony M. Avery answered on Jun 26, 2019

Your demand letter in conjunction with a criminal complaint could possibly be construed as extortion. If you still wish to pursue, then call the Sheriff, then Police, then District Attorney General. Finally you have a statutory right to file an affidavit in support of being heard before the next... Read more »

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2 Answers | Asked in Real Estate Law and Probate for Tennessee on

Q: What was required for real estate to be legally transferred to a Revocable Trust in Tennessee prior to 2015?

My parents died in 2011 and 2014 respectively. They had a pour over Will and a Revocable Trust. The Revocable Trust became Irrevocable automatically upon my mother's death in 2014. The Trust does not itemize any property. It just has a generic statement that they intend for the Trust to receive... Read more »

Anthony M. Avery answered on Jun 26, 2019

If the real property was never conveyed into the Trust, then it is not part of the Corpus. Was the Trust ever in effect? Without a Trustee, there is no Trust. You may be creating a title problem when it did not exist previously until you started telling the world. Hire a competent attorney .... Read more »

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1 Answer | Asked in Probate for Tennessee on

Q: My Family owns a small piece of property on the Nolachuckie river. The property has not been probated since 2001 when

My father passed. My Mother passed away in 2017. My two brothers and myself are her beneficiaries (will). How do we get property in our names & cost. We live in Florida.

Anthony M. Avery answered on Jun 26, 2019

You did not say whether the Mother's Will was Probated or not. If it was, and the Parents owned the real property as Tenants By The Entirety, then those Will Divisees are owners or their Heirs. A copy of the Probated Will should then be recorded in the appropriate County. If no Probate then you... Read more »

2 Answers | Asked in Civil Litigation for Tennessee on

Q: I have received a civil warrant for medical bills. If I declare bankruptcy will this particular bill be included?

Am I able to set up very small payments after the lawyers have set up this court date? Are they able to take my only possession, my car, if they were to win this lawsuit?

Anthony M. Avery answered on Jun 25, 2019

You have no idea what you are doing. I recommend you hire a competent attorney now. Do not file Bankruptcy without a lawyer. Unsecured Nonpriority Debts are usually easily discharged, but you must list them properly. A lawyer can help you properly Exempt certain properties. Payments are... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on

Q: What are my options if I received a citation for 39-17-418 while in town from out of state.

It was an illegal search with no probable cause. The DTF officers claimed they watched someone in our party hand cardboard boxes to others in the party.

Anthony M. Avery answered on Jun 25, 2019

Your only decent option is to hire a competent attorney to represent you as soon as possible. It will be important to conduct a good Preliminary Hearing, then later at Circuit Court file your Motion To Suppress Evidence. You were very fortunate that you received a Citation instead of being... Read more »

1 Answer | Asked in Uncategorized for Tennessee on

Q: can my mom report the car "stolen" if my name is also on the car insurance?

My mom and I got into a petty argument and she threaten to call the police and report the car stolen if I take it, but I need it to go to work.

Anthony M. Avery answered on Jun 25, 2019

If she is the Owner, and you take it without her permission, that is Theft of Property, or at least a Joy Ride. The Insurance is irrelevant to ownership.

1 Answer | Asked in Probate and Small Claims for Tennessee on

Q: Dad died 20 years ago. I Discovered $10,067 TN Unclaimed Site. Will not release over 10K. Can I circumvent Probate?

TN Unclaimed states that over $10,00.00 they must reopen Probate Court & contact all family. $10,067.00 from unknown Life Insurance. Father's will left property, real estate, money to me (Son) & (1 Grandson). Second Son (my brother) was basically omitted from the will. Second Son sued in an attempt... Read more »

Anthony M. Avery answered on Jun 25, 2019

I would recommend hiring a competent attorney to file a Small Estate Affidavit. The Trust may have messed up the Insurance. Be careful about what County you file in. Only other alternatives is to record an Affidavit of Heirship, and either ask or/and sue the Treasury for the money. It might... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on

Q: My mother passed away and as far as my siblings and I know, didn’t have a legal will. In Tennessee, spouses and children

Are supposed to split the estate “evenly” with the spouse getting at least 1/3, but we know we didn’t get our shares considering his lifestyle and what we received. He has a girlfriend who has offered to invest money if he included in his will that my siblings could still own the house, while... Read more »

Anthony M. Avery answered on Jun 21, 2019

You are confusing intestate secession with the home's title, which may or may not be defined by intestate secession. If Mom bought home with spouse, then it is probably Tenants By The Entirety, that is he owns it period. You might check title carefully, as they may not have taken as husband and... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on

Q: Tennessee Caregiver of Father I’mThe eldest sibling and only daughter of my father.

Beginning 2014 my father became unable to care for himself and long story short my brothers kicked him out of their homes and he ended up with me. During this time I was harassed and threatened by my brothers. I did my best to preserve my fathers assets and never spent money without his... Read more »

Anthony M. Avery answered on Jun 21, 2019

You do not state if the Estate is suing you or whatever. You may wish to make a Claim against the Estate yourself. Hopefully you did not have your Father's Power of Attorney. If you did, you will have the burden of proving everything was done for his benefit. Try to produce receipts or checks... Read more »

1 Answer | Asked in White Collar Crime for Tennessee on

Q: What are the guidelines for the amount on a bond for criminal trespassing?

Someone was arrested for criminal trespassing in two different counties, one bond was $2500 in one county & the other bond was $5000 in the other county, I'm trying to find out the price range for this charge

Anthony M. Avery answered on Jun 20, 2019

Maybe General Sessions Judges and Magistrates talk among themselves, but you are not going to find an official guideline to Bond amounts. Both of those are higher bonds than most, so apparently the Defendant is viewed as a major burglar. His lawyer might move to lower the amounts in each County,... Read more »

1 Answer | Asked in Elder Law for Tennessee on

Q: How do I get a legal way to take my mother out of assisted living and live with me.she does not like it there

I live in Tennessee she is in la.

Anthony M. Avery answered on Jun 20, 2019

If your Mother is in Louisiana, then that State's laws are controlling. Tennessee has nothing to do with it. Your Mother or yourself should contact a competent attorney in that State. Further it would be much better for a Power of Attorney to be executed in Louisiana, when it will be used there.

1 Answer | Asked in Real Estate Law for Tennessee on

Q: A shed was built without knowledge on an angry neighbor's property five years ago. What are the legal ramifications now?

The shed has been present for five years. This past spring, the neighbor has declared he "won't stop" harassing us until we do everything he demands in our yard. I have had to call the police on him for invasion of privacy. The situation is hostile and a powder keg. We had a survey done in... Read more »

Anthony M. Avery answered on Jun 19, 2019

A boundary line may be declared between the two tracts. Damages for the shed being on someone else's property may be adjudicated. Also damages for Trespass may be assessed. Slander of Title might be involved. Court Costs, and possibly Master/Survey fees may be ordered. But no significant... Read more »

1 Answer | Asked in Appeals / Appellate Law for Tennessee on

Q: Under what Jurddisction can a trial lawyer file a writ of possession against a tenant if the appeal is in the Court of A

Who will grant the writ if the Court of Appeals denied the motion against the plantiff/landlord attorney.. How can the trial attorney override the appeals court and obtain the writ against temant

Anthony M. Avery answered on Jun 19, 2019

If no Bond is filed by the appellant/tenant, and no stay is granted by the Appellate Court, then the Trial Court probably has a duty, and certainly the right, to issue the Writ of Possession upon being called upon to do so. The landlord might be sued for damages later if the tenant wins on... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on

Q: Me and my fiance where involved in a domestic violence about 5 months ago and we got caught together twice

What will happen to her and 1 of the time she got arrested she was out of County and they let her go but this time she caught another charge in County I just don't know what to expect could you tell me an answer

Anthony M. Avery answered on Jun 18, 2019

Your question does not make sense, but I can tell at least your Girlfriend needs to hire a competent attorney immediately. Domestic Assault is commensurate with a Felony, and is worse than some. It will be permanent. She needs to find a way to get it Dismissed or Diverted, Dismissed and Expunged.

1 Answer | Asked in Traffic Tickets for Tennessee on

Q: What is the legal distance from a speed change sign where an electronic speed-detecting device can be used in Tennessee?

Many states say 500 feet. I can't find info on Tennessee.

Anthony M. Avery answered on Jun 18, 2019

I do not believe there is a perimeter requirement for the officer to find the speed violator in. Many times they just use "pacing" anyway. You can bring up the location of the stop in comparison to the last speed limit posting , but it will not make any difference (I have tried it before with no... Read more »

2 Answers | Asked in Real Estate Law for Tennessee on

Q: My ex husband & I own a home together which we bought while married. The deed lists both our names but me as wife.

We are currently both still living in the home and have no plans to sell it. Should one of us die, we want the full ownership of the home to become that of the surviving owner. Do we need to change the wording of our deed for this to happen or will it automatically go to the surviving owner even... Read more »

Anthony M. Avery answered on Jun 18, 2019

By longstanding caselaw in this State, upon divorce, the Tenancy

By The Entirety becomes a Tenancy In Common of 1/2 Undivided Interests each. So Lawyer Grefseng's advice is exactly right. Right now the 1/2 Interests go to your all's Heirs-At-Law.

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1 Answer | Asked in Real Estate Law for Tennessee on

Q: My mom passed away she was married But they haven’t been together in years How can I get her belongings

Anthony M. Avery answered on Jun 17, 2019

You might file a Small Estate Affidavit in the County where she died. But you also might want to talk to a local attorney to see if any real property is available. If there is little or not property, do not Probate.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on

Q: I have an eviction case pending at the court of appeals in Jackson, tn the other side proposed a motion against me for

Possession the court of appeals denied that motion so now the plantiff attorney is, telling me he will get a writ of possession against me because there is no motion for stay I would like to know if that's possible because the higher court overruled

Anthony M. Avery answered on Jun 17, 2019

Unless you posted a large Bond, a Writ of Possession is possible. If you ultimately win the Appeal, you can then sue for Damages for wrongful Detainer.

1 Answer | Asked in DUI / DWI for Tennessee on

Q: I was cited w/ Simple Poss. of marijuana on my boat but it wasn't mine and I don't smoke. Should I hire an attorney?

TWRA boarded my boat because (they said) we were shuffling around, but the citation says they could smell pot, they never told us they could smell anything. There was a one hitter with marijuana residue in it, in a ziplock bag, in a bag then in a big bag sitting in front of me so. What kind of... Read more »

Anthony M. Avery answered on Jun 17, 2019

It sounds like the TWRA Officer left you off easy. It would be advisable to hire a competent attorney to get the charge Diverted, Dismissed and Expunged. Otherwise, whether it is a conviction or not, the background check will look like you are an addict and/or/dealer.

2 Answers | Asked in Car Accidents for Tennessee on

Q: Is there any way to get the addtl $ to repair damage to my car? Ins co values car at $2900 and repairs are $4K+.

Nafa all I want is my 2003 Acura put back the way it was. Geico is claiming a total loss because it needs a rear quarter panel. Based on the condition of the vehicle prior to this accident it was valued at $5K.

Anthony M. Avery answered on Jun 17, 2019

You may wish to file for Tort Property Damages in General Sessions Court. If you do not like the Judgment, then you file an Appeal De Novo in Circuit Court. You may not have much to lose, and the SOL is 3 years.

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