Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Anthony M. Avery
1 Answer | Asked in Probate for Michigan on
Q: No will.

No will. My mother is deceased. She has been remarried for 9 years, her spouse is a Texas resident. She had a home in Michigan for 22 years

The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 30, 2022

With land in MI, her Heirs take, which will be her issue surviving and her surviving Spouse, all as Tenants In Common. Hire a MI attorney to search the Title, determine Heirs and record an Affidavit of Heirship, unless there is a Probate. The former will be the Heirs' recorded source of title.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Could I be charged with possession for carrying my prescription drugs outside of their original bottle? I live in TN.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 30, 2022

Yes, it happens alot . Be prepared to go to Court with a current prescription as of the date of the arrest/cutation, without any pills present.

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: Can Real Estate be transferred to the estate even if not specifically called for in the will?

My mom died and left her residual estate to 14 (4 children and 10 grandchildren). Some heirs are ex-pats. It will be easier to handle the sale of a rental property if it is first titled to the estate and then sold - and all heirs agree this can happen. While the will gives the executor (my... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

The Residuary Estate Clause of the Will disposes of the rest and residue of any property not already bequeathed or devised in the Will. So, depending on the Title, it appears the rental property can also be sold for the benefit of Estate Beneficiaries. Hire a competent NC lawyer to examine the... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: In leaving my house to my step-daughter. Is it better to add her name to the property before I die, or will it to her?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

Executing a Deed to her takes effect now, even if it is a vested Remainder taking possession at your death. Wills must be Probated for the Will to have any effect, which also attracts other relatives and creditors.

1 Answer | Asked in Federal Crimes and Traffic Tickets for Tennessee on
Q: Federally issued speeding ticket 36 CFR 4.21(c). Result in misdemeanor on record although no required court appearance?

I received a speeding ticket on the Natchez Trace in TN...a federal violation. 36 CFR 4.21 (c) for 72 in a 50. I have been asked to pay a fine of $150 and don’t have to appear in court. (Box B). I have a clean driving record. My question is: if I pay the fine, am I admitting guilt and will this... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

Paying the Citation by mail is a Concviction, and adds 4 points to your MVR. If possible go to Court and act respectful to the US Attorney. It may go better.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Mortgage and eviction.

If I took out a mortgage on a home and paid 70,000 on said home over a period of years and the property owner passed away and left rights to the property to the children, could they kick me out of the property after I’ve already paid 70,000 on the mortgage?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 28, 2022

It is sounding like you are not the owner. If true, having paid someone else's Note, then yes, the actual owners who are Tenants In Common can sue you for possession. Put together proof of all payments, then hire a competent attorney there, like Herb Patrick, to request a Deed or defend... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do I need title insurance if I can get a warranty deed for a land purchase?

I want to purchase land in Tennessee on a mountain where the drive to the property is a few miles of gravel road put in by the land developer. The road is NOT county maintained. The title company has heard the developer plans to file bankruptcy and is no longer maintaining the roads.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 27, 2022

Title Insurance only covers a few problems, and never ensures that the access is maintained. Many Title problems that may arise are not insured risks. And making a valid claim on a policy is very difficult. Have you searched the Title yet, or even actually read the legal description and... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do restrictive covenants have to be filed with a property description?

Can I just copy a set of restrictions and use them without filing with the deed.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 27, 2022

No legal description of the encumbered property must be recorded with the legal description. However some type of notice to the world where the restrictions apply should be of record, as otherwise the covenants will be worthless and unenforceable. Hire a competent attorney to at least draft a... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How long do you have to own property in Tennessee before you can get a home equity loan?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

There is no legal requirement for a length of home ownership. Different Lenders have various time in place requirements, but sometime 2nd priority Deeds of Trust are given at closing, that is with no history of ownership. Ask your prospective Lender its rules.

1 Answer | Asked in Family Law and Probate on
Q: My friend has revoked his daughters power of attorney. She refuses to accept this fact and that she has no more control

She has his truck locked in her garage and refuses to give her dad his key and truck. What should he do or what can he do. She also has full control over her dad's money and affairs, what should he do. Please help.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

Your Friend should execute a notarized Revocation of the POA, in several originals. Record one where your land records are. Give one to his Bank and any other relevant operation. Inform Daughter of POA Revocation and demand his truck keys. If any further trouble, then call the Sheriff and... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My fiance sold his inherited land . In the contract it states that the buyer is to have him fully paid within 60 days. T

The buyer had him sign some papers and the made a legal description of the land himself and had it recorded in the GIS. The property is now recorded under his name. He has not paid my fiance the balance and this recording of the land was done after the 60 days agreed apon. What does he need to do

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

Hire a NC attorney to sue for Breach of Contract. Then levy Execution upon the real property you just conveyed to him. Always hire an attorney to represent you in a real estate transaction (search title, draft deed, note, deed of trust, etc.)

1 Answer | Asked in Real Estate Law and Civil Litigation for Minnesota on
Q: I'm filing an appeal for eviction court because I had an emergency I had an accident at work and I was in the ERI couldn

I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: There are 7 heirs for an estate, it's already been probated and all heirs get 1/7 of land each, so one of the heirs

Granddaughters started cutting down trees or branches on the land where her grandfather lives. (Part of the estate)

Can she get in trouble for that or fined?

She didn't come to the family to ask permission to do this.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

She has a right to cut trees on her own land. Other tenants in common might sue her for contribution or a partition.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I'm not on the scene when the police show up how long do they have to arrest me on the charges?

BTW she filed them at the police station bc I have had no contact with her whatsoever and she is not allowed on my property but they came looking for me at my house.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

Misdemeanors must be instituted within 1 year of the incident. Most Felonies must be initiated within various numbers of years.

1 Answer | Asked in Criminal Law for Tennessee on
Q: In Tennessee is there a time limit on when a trial can begin? Or can it be delayed by the court indefinitely?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

Pretty much the Court can set Trial at their discretion. Defendants can file a Motion for a Speedy Trial. Many cases take years to try, then appeals.

1 Answer | Asked in Family Law and Probate for Alabama on
Q: My father passed 10 years ago do I have ownership in his house?

My father passed 10 years ago. He was married at the time. I was recently contacted by my stepmom asking me to sign some papers on dads house. I just wanted to know if this means I have owner ship in the house. I thought because they were married then everything would go to her. There was not a... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 23, 2022

Hire an attorney to examine the Deed. Both MS and AL attorneys should be able to discern the apparent owner without a title search (assuming they are competent). You are probably an Heir At Law, and thus a Tenant In Common with the other Heirs. Do not sign anything unless you are paid... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: What happens if the officer failed to get my signature on a citation
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 23, 2022

It is not a requirement, only a signed acknowledgement of the Citation. Go to Court with your paperwork and be respectful.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: What can you do if someone hits your parked vehicle and you’re not in it? What is LE expected to do?

I want to know if a person can be cited for causing damage to my vehicle that is parked in a parking spot and I’m not in it. If they hit it and leave without a note or contact information, can they be charged with a hit and run? What if officers don’t want to spend the time investigating and... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 23, 2022

Have you identified the License Plate, or the Driver, that hit you? Some places have video surveillance. Any witnesses? Once you identify either the Driver or the Owner, then report it to LEO's and make claims against their Liability Coverages. You might try the Financial... Read more »

1 Answer | Asked in Probate for New Mexico on
Q: My father passed away without a will and my stepmom said it's all hers is she correct or am I supposed to get something?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 22, 2022

Hire a competent NM attorney to search the Title. At least look at the Deed and see who the grantees are. StepMother probably either owns it outright under the current Deed as the survivor, or she and the other Heirs At Law (which includes you) are now Tenants In Common. If the latter, you... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.