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Questions Answered by Anthony M. Avery
1 Answer | Asked in Civil Rights for Tennessee on
Q: Hi my husband is being hazed. Today he was smoked for 3 hours over something that happened 3 months ago. What do i do?

He has asthma and was trying to make a doctors appointment to see if he needed to be back on profile. And one of his seargent said no one is getting back on profile. Basically saying he can't make a doctors appointment. One of them while smoking him said I hope you have an asthma attack.

Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2022

If he is in the Military, then he volunteered to take orders and train, including fighting if necessary. The Army is not that tough these days so I am sure it is not that bad. UCMJ applies, not TN/Federal law.

1 Answer | Asked in Criminal Law for Tennessee on
Q: False charges filed on me
Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2022

What is your question? Do you have an attorney?

1 Answer | Asked in Real Estate Law for Tennessee on
Q: In Tennessee, can an individual act as a lender in issuing a mortgage and if so are there any limitations?

someone is offering to purchase a house for me, where I in turn would pay them the mortgage plus taxes and insurance at an additional 5 % interest rate.

Anthony M. Avery
Anthony M. Avery answered on Jan 26, 2022

Not sure of your question. Anyone can be the payee on a Note secured by a Deed of Trust. It appears that you may need the services of a competent TN attorney that will put it all together. You need an attorney that will represent you.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I am selling a property in Las Vegas NV that is titled in my name and has been since 2006 when a quit claim deed

executed and recorded at the county recorder and yet the title co want her to sign a document or provide the death certificate (my wife is deceased) & they are telling me quit claim i no good. Do they have the legal authority to demand this

Anthony M. Avery
Anthony M. Avery answered on Jan 26, 2022

The title company has no legal authority. Sell to someone else or hire a competent NV attorney to handle the conveyance. There are some very good NV lawyers here on Justia.

1 Answer | Asked in Real Estate Law and Civil Litigation for Washington on
Q: Who is responsible for creating and filing the Findings of Fact and Conclusions? The judge?
Anthony M. Avery
Anthony M. Avery answered on Jan 26, 2022

Usually either party can proffer their own version of a proposed judgment. The Judge does not have to use it, but may sign it, especially if there is no opposition from the other side. Sometimes the Judge announces he will draft and enter his own Judgment. Rule 59 Motions can be made to alter... Read more »

1 Answer | Asked in Probate for Georgia on
Q: How can I get assistance in probating an estate?
Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

Hire a competent GA attorney. Start by contacting the GA lawyers on this site.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: How to remove my deceased husband’s name off our homestead residence.

Home passed to me automatically thru joint tenants with right of survivorship deed. I want to add a transfer on death deed for when I pass away but believe I have to remove my husbands name from deed before recording a transfer on death deed

Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

If you have title as the survivor, no further deed conveyance is needed. Your future interest conveyance will need a proper derivation of title clause, and a recorded affidavit would help. Hire a competent TX attorney to draft that deed.

1 Answer | Asked in Real Estate Law for Texas on
Q: Is a mortgage company required to follow the court order /Special Warranty Deed when refunding escrow money?

I made a deal through the court. I was given the property and the fulfilled my end of the deal signed by a judge. I also obtained a new mortgage. The Special Warranty Deed signed by all parties states that the escrow money from the previous loan goes to me. The mortgage company wrote the refund... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

The mortgagee is probably not subject to the Court Order. You might hire an attorney to make demand for the money, but suing it for breach of contract/conversion is not a good option. You may have to deal with the other payee.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I was pulled over for 108mph in a 65mph zone what am I looking at for ticket $

Will I be charged with a misdemeanor

Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

Apparently you already received a Misdemeanor Citation, or you would be in jail. The 43 over is 8 points added to your your MVR. 3 more points in a year and you lose your TNDL. Go to Court in a respectful manner with cash to pay the Court. Some type of Diversion or a lesser speed plea might... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: How can I see I was in any law suits

There are several instances is why I'm asking

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

You will not be able to check everywhere and at any time. But you can call each Court and ask the Clerk to see if were a party in a suit there. Your name may be a problem, so you may want to ask about one or more names. Start with the County where you live and call General Sessions. Later... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: Does a Survivorship interest lien on my Tenancy by the Entirety held home (with my spouse) go away with sale of home?

There was a lien filed against my survivorship interest in my Tenancy By The Entirety held home (with my spouse) over a judgment against only me. If we sell our home, does the survivorship interest lien go away since no one “died”, or does it have to be paid to clear the title even though it... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

No and the grantee takes the real property subject to the lien.. Most buyers will not purchase such a title.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Am I going to have to hire an attorney to get a domestic assault and restraining order threw out against my wife

I didn't press charges the police took them out and the state picked them up

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

It was always the State's Case, not yours. An attorney for her is needed now as that charge is worse than some felonies. But you also may have problems here.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What are steps taken to secure will property in your name?

My mother left 63 acres to my sister and I but failed to divide it. What steps do i take to secure my share of acres in my name and how do I request the acres I prefer. Do I need a attorney to represent me in this matter?

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

Hire a NC attorney to search the title and determine ownership. It may be easy to draft two legal descriptions, but you will probably need to survey it for two tracts. Then each heir conveys the applicable tract to the other, in two Deeds.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I own a house on family land that the family can't agree what to do with.

Me and my wife bought a house on her family's land. Recently their grandmother has died without a will leaving it to about 5 different hires. due to their financial issues no one wants to pay the mortgage left on the property. Just wondering what I can do legally or will we just lose our... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

Hire a competent NC attorney to determine heirship, and if there is sufficient equity, file an Action for a Sale For Partition. Act now.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother recently passed away leaving no will. The only children were my brother and I but he has just recently passed.

My mother has a home that I know she wanted to leave with me becaused we've discussed it. I had a brother who passed away recently after my mother. My brother and I were in the process for me to have full ownership of the home because he was ill and residing in a nursing home and did not want... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

You have not stated what the title is. But it may result in you and the Son being tenants in common. If so, you may wish to have a lawyer draft a Deed with a proper derivation of title clause, and try to buy him out. Remember taxes, insurance and note payments must be made, or a foreclosure... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Planning for the future, what is the process once my Mom passes? She only has home furnishings in a small rental home.

Mom has a will listing me as the Executor and me an my sister as the beneficiaries. She rents a small condo and her only debts are the monthly rent and utilities. Her bank account is joint account with with me. Her only assets are the personal property in the home (furnishings, kitchen ware,... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

It does not appear that Probate would accomplish anything in your situation. In fact, it would attract creditors.

1 Answer | Asked in Probate for Wyoming on
Q: My father passed away in 2019 in March and I just found out how can I find out if he had a will

I just got a copy of his death certificate

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2022

Check with whatever Court handles Probate jurisdiction in WY. Start with the County he died in, then possibly a County he owned real property. Ask was there a Probate for your Father? If so, read the File. If no Probate, then no Will has been Probated. Check the Land Records in whatever... Read more »

1 Answer | Asked in Tax Law for Tennessee on
Q: How to find out what a citation was for and when it was issued

It's for notification of withdrawal of driving privileges SDCL 32-12-49 effective 1/29/22

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2022

That does not sound like a TNDL. You may wish to read the Citation verbatim, possibly with a magnifying glass. Then call the Court that it is before and ask. Otherwise hire an attorney to figure out what is going on. It may not be a Citation but a Notice of Suspension from DOS due to an... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have 3 sisters if my mother passes her house was left to the 3 of us but my one sister signed her half over to me.

Does this mean that I have more say over what we do with the house then my other sister

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2022

No you are still a Tenant In Common with the other owners.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How can I purchase property in TN from deceased?

After doing Title Search, there is no heirs and the only person's name on the deed is deceased. Is the property unable to be sold until the estate of the deceased owner goes through probate? What are my options in order to purchase property?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

You will need to hire an attorney to search the Title and determine Heirship. It may not be easy. A Tax Sale may be another way to obtain the tract. But again you will need a good lawyer. You are not going to be able to do this yourself.

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