Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law for Arizona on
Q: Is there an A.R.S 33-2283?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 30, 2022

You probably have the wrong number for the Statute. Research the legal topic in AZ and you should find the Statute you are looking for. If critical, hire an AZ attorney.

1 Answer | Asked in Contracts for Tennessee on
Q: I typed a persons name wrong on a contract. He singed/printed his correct name on the bottom of the paper.

Is this contract still valid? By printing his correct name and signing at the bottom he agreed that he noticed the error and is the party referred to in contact? It was Sumarriva vs Surmarriva sumarriva is correct nane

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

If either party starts executing the contract terms, then it is probably enforceable by either party despite the error. Are you trying to get out of the contract? What is your objective?

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have purchased a property from two brothers and filed PA. Now one brother signed deed and other is MIA?????

Bought 11 acres of a 16 acre plot from two brother that inherited it from their mother. A few months later they are in financial hardship and sell us the rest. PA signed, notarized and filed, along with saying they received funds. Now, one brother has signed the deed but the other is MIA, tho he... Read more »

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

Hire a competent attorney immediately. You will probably need to sue for Specific Performance in

Chancery. A Title Search needs to be performed with some type of source of Title determined and placed in the Derivation of Title Clause. Who drafted the Deed, then transferred money...
Read more »

1 Answer | Asked in Banking for Tennessee on
Q: I work for a credit union in TN, how do we determine "next of kin"? And, what happens if there are multiple children?

We are faced with this occasionally. There is less than $15000 in an account, no funeral expenses, or last medical bills, no surviving spouse, and multiple children. Do we split the funds between the next of kin or does it go to the first one that contacts us?

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

You have to comply with the Intestate Succession Statutes T.C.A. Sections 31-2-101 et seq. Claims against a Decedent are rarely your concern, and you will know one by a Court Levy. Giving money to the first claimant all the time will get you sued for Conversion. Hire a competent attorney on... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: My sister, brother and I inherited parents house.Brother moved in without my sister or my consent, refuses to leave/sell

In Alabama. Won’t pay rent, move or sell.

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

Hire a competent AL attorney to search the title, determine Heirship, then file an Action for a Partition Sale.

1 Answer | Asked in Probate for Tennessee on
Q: If my siblings were given a lifetime estate in the property we jointly inherited can I still force a sale?

Can I use the partition provision of TN law to force a sale of property I jointly inherited with family members, when 2 of the 6 beneficiaries of the will were also given a lifetime estate in the properties as part of the will?

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

Yes but only with their consent.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In Wisconsin, if a piece of land has no deed, who owns it? Does the state or county owm it?

Title company could not find chain of title, can't find any deed.

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

Hire a competent attorney to search the Title. Start with the Tax Records, because either someone is paying property taxes or the County owns it. You may have to go back to Land Patents and then determine Heirship.

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... Read more »

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

By Statute they are authorized. The Court may or may not grant the fees, for which you have to put on some proof. Also you may not collect, or get paid in full.

View More Answers

2 Answers | Asked in Probate for Tennessee on
Q: If I am joint owner of Mom's banking account will the court order that also to be split?

If I am joint owner of Mom's banking account will the court order that also to be split?

There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it... Read more »

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

If you are the Joint Owner, then the Bank Account is yours and does not go to the Next Of Kin. Who the Heirs are, of which Decedent, is something you need to talk to a competent attorney. Title needs to be searched, and Heirs determined. The paper may or may not be a Will. If not Probated, it... Read more »

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: I co-own land and a house and my co-owner has never given me a copy of the key or the passcode to the security system.

I have owned the property for close to three years. It wasn't a problem before not having access to the house and land until now. What can I do about the situation?

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

You might want an attorney to search the Title and determine ownership. If no agreement can be reached, hire a competent attorney to file an Action For Partition.

1 Answer | Asked in Real Estate Law on
Q: Hi good day I would like to know if I can get proof of property I bought and selled

And also the bank transactions on how it was paid,through my identity document at the Deed office.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 24, 2022

You will need to find the government office in your County where Deeds are recorded. There should be a Deed with you as the grantee, and a later recorded Deed with your as the grantor or first party.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: If a will can't be found and the estate goes to probate, does the length of marriage factor into what a spouse receives?

For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... Read more »

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

Surviving Spouse is a Heir At Law under TN's Intestate Succession Statute. Also a Surviving Spouse has various rights in the Decedent's Estate under the Probate Statutes. You are confused with Divorce laws.

View More Answers

1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: How does a law firm know there is a court order against the firm for client funds?

I have a court ordered lien for the clients proceeds and an order against the firm that represents the client. The firm state the knew about the lien but not the order against the firm’s and they gave the client the money instead.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 22, 2022

You will probably need a TN attorney to get the Clerk and the Sheriff to execute a Levy against the firm's Bank Account. It would be necessary to know what Bank they use. There are Fees for each Levy. You apparently have a Judgment but now you have 10 years to collect.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My ex had some land in N.C.he added me to the deed in 2008. In 2011 he did a gift of deed to himself, me and his sons.

I did not sign anything or notified. Am I entitled to a fourth of the land?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 21, 2022

You will need to hire a NC lawyer to search the Title, and determine ownership. Do not hire a title company. The 2011 Deed may have created in you a larger Estate than you had in 2008. But the 2011 Deed might be a nullity also.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Can police show up at your house and say because your on comm correc. That you have no rights and they search home
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 21, 2022

Yes...You are on Probation so you have to abide by the Probation terms. Any violation can mean you could be incarcerated for the remainder of the Sentence. There should be some kind of Probation Order in your file at Court. Read it.

2 Answers | Asked in Real Estate Law and Probate for Puerto Rico on
Q: A person passed away leaving property. All siblings want to sell except one. What happens in this case?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 21, 2022

Hire a PR lawyer for a Partition Action or whatever they call it in PR. Here on Justia are some good lawyers for real property there.

View More Answers

2 Answers | Asked in Car Accidents for Tennessee on
Q: I hit someone in the rear because he slammed on his brakes. The driver of the car I hit was wasted drunk. Still my fault
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 21, 2022

TN has Comparative Fault Liability for Torts. So you may want to go after the other driver, and definitely want to be able to defend yourself, probably with a Counter-Claim. Consult with a competent lawyer.

View More Answers

1 Answer | Asked in Real Estate Law for Washington on
Q: how to get back property that was sold by the sister of the real owner by saying real owner is dead and has no heirs.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 20, 2022

That will probably require an Action for Ejectment. If you have not busted the SOL, you will need a very competent WA attorney that handles real property litigation. It will be difficult, expensive, and the Sister will be cross-claimed for Breach of Warranty of Title.

1 Answer | Asked in Uncategorized for Tennessee on
Q: In east Tennessee is it illegal to drive any vehicle type in streams, creeks or rivers?

By driving in these water ways it promotes more pollution, damages the ecosystem and destroys natural habitats and resources. The area in question is in Sevierville Tn, Cocke county Tn.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 20, 2022

No. Some Parks may have specific vehicle restrictions, but they will not be limited to water crossings.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How is it possible that an individual can be charged with aggravated assault based off the word of another civilian ?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 20, 2022

Happens all the time. Hire a competent attorney and prepare for a thorough Preliminary Hearing.

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.