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Questions Answered by Anthony M. Avery
1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

1 Answer | Asked in Insurance Defense for Tennessee on
Q: My home owners is canceling my policy because I had two claims 6 months apart. I have had this insurance approximate 4y

Is that legal. Its paid.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

If a denial of claim is asserted, then you might consider an Insurance Bad Faith Refusal Action.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal for my homeowners insurance to cancel my policy because of two claims 6 months apart?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

Usually that is not a prohibition on the insurer. Read your contract of insurance carefully. Probably need another carrier now.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My lawyer proved my innocence in my pre trial but yet they bound it over to the Grand Jury. Why would they do that.

What's the odds of it being dismissed . This is a Class B Felony, Sex offender unjustly accused

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

Be prepared to hire an attorney if you are Indicted. At least start contemplating what specific Discovery will be sought, and tack any witnesses and their statements down now. May be time for a new phone or computer.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Yesterday I had my property surveyed. My neighbor took the wooden stake and the metal pin out just hour later. What ca.

Is there anything I can do

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

You can report the act you have personal knowledge of to the Sheriff. Trespass and vandalism are involved, which will require the Surveyor to return and restore the monument. That corner is owned by both of you. You may wish to sue for civil damages in Sessions Court, then place a Judgment... Read more »

1 Answer | Asked in Elder Law for Tennessee on
Q: Can a Durable Power of Attorney access a ROTH IRA held at Vanguard for health care and living expenses?

Account owner is in memory care.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

It should if it is drafted and executed correctly. Administrator will probably want an original DPOA, unless you can get them to accept a copy. If not, a conservatorship may be preferable instead of a Declaratory Judgment and Recovery Action where jurisdiction will always be a problem.... Read more »

1 Answer | Asked in Probate and Estate Planning for Tennessee on
Q: If I am the sole beneficiary of a will and also the executor of the estate can I use the funds before probate ends?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 26, 2023

I do not recommend you use any assets that are subject to Probate Jurisdiction until the Estate is closed and the funds are properly distributed to you. Otherwise it would be a breach of fiduciary duty, or there might be a late filed Estate Claim, another Will filed, etc.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be prosecuted for using my husband's credit card?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 26, 2023

Yes it is possible, especially if your possession and use of the credit card is unauthorized. There may be defenses for purchase of necessities. A jury might infer permission to purchase items for the Family.

1 Answer | Asked in Family Law, Real Estate Law and Small Claims on
Q: My step dad is trying to sell the house can't without me when to court now I have law claim, at what court

My mother died, I get heritage but because I live in Germany and he lied to me the house is nothing worth, he when to a court a did a filling where I have to go there or a lawyer to lay claim to my heritage, what court would I have to go to what is that process called what he did where some has to... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

You might want to hire an attorney in the County where your Mother died to conduct a title search and examine the Court filings. He can then advise what you may want to do, or that you are already an heir at law.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Public Benefits for Tennessee on
Q: Under Title 39 rule broken is 5 and 8 Is there away to get my gun license reinstated

Did go to court but was discontinued on both cases.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

Your question makes no sense. Redo your question. There is a procedure in General Sessions Court to appeal the denial of a Handgun Permit.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If someone is Sovereign. Should he/she still seek an attorney

How can I help a Sovereign family member get out of jail?

Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

Defendant needs an attorney to represent him. He should probably keep quiet, especially about his claim of non-citizenship.

1 Answer | Asked in Real Estate Law for South Dakota on
Q: In Southdakota wthere are multiple owners listed on real-estate and one dies,Does the property have to go through probat
Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

You will need to hire a competent SD attorney to search the title and determine ownership first. Then decide if Probate is needed.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can a person sell a ROW to the adjoining property owner if it is a county road and buyers thought it private

There is a road adjoining our property which we always were told was a private road. The man who said he owned this road sold the right of way to us in 2013. We paid $3450 for this ROW and have been paying property taxes on that parcel of land. We have since sold 1.78 acres adjoining said ROW to... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

Apparently you did not check the title. If not a warranty deed, no cause of action probably exists as a practical matter. With a WD, it will still be iffy. You might ask the Trustee for the taxes back, or even sue for them, but I doubt it will be successful.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im in still in a pre trial diversion will it show up on a employer background check?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

The criminal charge should show up on the NCIC as pending, as the charge has not been disposed of yet. When you get it dismissed, you must also get it expunged or it will be on your record forever. Your lawyer should have told you this.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got a ticket back in 2020 for speeding, I was just curious when it comes off my record or if points fall off?

I plead guilty because at the time they didn’t offer traffic school, and it’s been 3 years later and it still shows on my record. I’m an electrician and didn’t know when they would fall off my license that way I can drive a company vehicle.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

It should not be on your MVR for the DOS which is for the last 12 months. But it is still a conviction which will be on your NCIC check forever.

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on
Q: Is it legal in TN to carry or own a handgun that has the serial number removed?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

That is a Federal Crime.

1 Answer | Asked in Probate for Tennessee on
Q: Can lies change a Judge's mind? How many?

A Judge is in favor of granting a decision for a plaintiff/defendant. If a party can prove that the adverse party has lied under oath multiple times could that change a Judge's mind? If it can change a Judge's mind how many lies should be provided to the Judge in order to do so?

Anthony M. Avery
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Anthony M. Avery
answered on Jan 23, 2023

Credibility of a witness may always be challenged, but that does not mean the other side wins. Hire an attorney to represent you. In Probate Court there sometimes are no actual hearings. Motions and other pleadings must be filed to even raise issues before the Court.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: We sold land that my spouse inherited in South Carolina. We now live in Tennessee. How is the capital gains done in SC.

How is base price figured on inherited land?

Anthony M. Avery
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Anthony M. Avery
answered on Jan 23, 2023

TN does not have an income tax... If you live here, why are you worried about SC's income taxes? But heir will get a stepped up basis anywhere.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Hello: I bought a mobile home that is inside a parking lot. In november the person who rented it told the former owner

Hello:

I bought a mobile home that is inside a parking lot. In november the person who rented it told the former owner that he was going to move out in december. in december he did not pay rent and there was a conversation where he said he needed more time and he was informed that the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 23, 2023

Give him whatever notice the former tenant was supposed to get in the lease. Otherwise file the Detainer Warrant in Sessions now, as service/posting is notice to quit by Statute. Hopefully you know his name. File Detainer For Possession Only now as it will take time to get him out.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a misdemeanor fta be bound over to criminal Court before the original charges are bound over that all got dropped?

Fta was Nov 2018 original charges not bound over until may 2019 and we're all dropped in 2021 but was placed on 1 year state probation, and have a tdoc property offender card I have to carry and I'm not a felon

Anthony M. Avery
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Anthony M. Avery
answered on Jan 23, 2023

Yes it can. But dismissal of the underlying charges should be brought up as a Defense.

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