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Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law, Estate Planning and Probate for North Carolina on
Q: The question is, do they have any grounds for him to change his mind? - also he is mentally sound just not physically

My grandmother passed away and had a notarized will leaving everything to me. My grandfather is in a nursing home and is aware of the will and the reasoning behind it. He agreed to deed the house to me, we had the same notary come to the nursing home with all necessary paperwork and he signed. The... View More

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answered on Dec 30, 2024

There may be grounds to set aside the Deed but you probably will not know until sued. Was GM's Will probated? If not, it means nothing. Hire a NC to search the title and determine the present estate, which will be scrutinized if you are sued. Do not hire notaries to draft deeds.

1 Answer | Asked in Real Estate Law for Alabama on
Q: My great grandparents gave me the deeds to 2 acres+/-. Can I change the deeds to my name...they both have now passed.
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answered on Dec 16, 2024

Giving you possession of deeds does not give you title, possession or anything but papers. Recorded deed conveyances from an owner over to you as grantee is what gives you title. Most likely the Decedents' Heirs own the properties. Hire an attorney to search the titles and determine... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I regain ownership of the property through a quiet title lawsuit?

Hello,

I am a resident of a country other than the United States.

My real estate agent transferred my property in Michigan free of charge (quit claim deed) to his company without my consent and with a forged signature. He then sold it to a third party.

My real estate agent,... View More

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answered on Dec 9, 2024

You will need a competent MI attorney to search the title and sue all parties involved as they will be indispensable by law. You should have the advantage of filing where the real property lies (MI). Expect to have to appear in Court, Depositions, etc. If you win, you need the Judgment to... View More

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1 Answer | Asked in Consumer Law for Tennessee on
Q: Is there a statue of limitations for collections from TN AG’s office. I never received a bill & 2018 is the last year

On Saturday, Nov 23, 2024 I received a letter from AG’s office in TN saying I owed them over 80k. The last year I had interaction with them is during an inquiry by the TN medical license board regarding false allegations of over prescribing opioids. I had practiced for 33 years when the hospital... View More

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answered on Dec 7, 2024

Not sure of what the $ 80K alleged debt is for, so I cannot give you a SOL, There is a 10 yr catch all SOL, but if criminal costs are involved, it may be part of a sentence. But you do have Exemption Rights, which you might need to assert by Notice Of Exempt Properties if CH 7 Bankruptcy is not... View More

1 Answer | Asked in Probate for North Carolina on
Q: Who is responsible for paying a mortgage on a house wrapped up in an estate in NC? The estate is in probate.

The house in question is in Washington DC. The probate was first filed in North Carolina, since the deceased's primary residence was in NC. The executor is not paying the mortgage even though there are significant cash assets in the estate. Is the estate responsible for paying the mortgage or... View More

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answered on Dec 7, 2024

The beneficiaries are not liable on the note, but take property subject to the note and mortgage/deed of trust. Beneficiaries should file a motion to remove the executor for cause which is detrimental to the Estate. Will may give him discretion on what bills to pay however. Any beneficiary... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Do I have a negligence claim against my insurer for delaying my storm damage claim due to their address error?

A severe storm damaged my home on Sept. 28, 2024. Despite clear evidence of damage, my insurer delayed the claim process, repeatedly demanding more inspections, interviews, and placing me under a special investigation. They seem suspicious that I don’t actually live in my home, which is required... View More

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answered on Dec 6, 2024

Suing an insurance co for bad faith is possible, but only up to 25% of claim amount is possible judgment. (both are by Statute) Ins Co can also counterclaim for bad faith suit against you. It is risky and difficult to sue your own carrier, but talk to some real lawyers in your area about... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: What should the purchase price be on a new deed for a house that I inherited?

I inherited a house from my mom. She was unmarried and I am the only benificary of her estate. I have gone through probate and am the legal representative of her estate. I want to transfer the ownership of her house to my name. I have drafted a deed but am not sure what I should put as the purchase... View More

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answered on Dec 6, 2024

You want the highest stepped up in value you can get to lower your potential capital gains upon you selling it later. However the higher the value, the more property taxes each year. You might start by looking at the tax appraisal value. Comparable sales will probably be higher than what the... View More

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1 Answer | Asked in Probate for Arizona on
Q: Father died and left no legal will. One heir wants to use Legal Shield and the other wants a probate attorney. Thoughts?

Death occurred in Phoenix, estate is in Glendale, AZ. Deceased did not have an end of life plan established and no legal will or transfer at death deed was created. One sibling was POA when he was alive and no Executor has been identified and no inventory of assets has been done.

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answered on Dec 2, 2024

Any of the heirs can file for an intestate administration. But are there assets that need probate? Consult with an AZ attorney for direction. Many assets do not go through an estate. Any transaction with the attorney in fact should be scrutinized for violation of a fiduciary duty and/or... View More

1 Answer | Asked in Criminal Law, Estate Planning and Probate for Tennessee on
Q: I live in TN. Sister kept my portion of 1 quarter of my stiil living dads house, one of them at that time 2013.

He got temporarily remarried in late 2012?. Said he wanted me to have one fourth of the sell of his cabin and he was letting my half sisters be over the sell. The girls sold it in 2013 for 168k and they never gave me a penny. He's still alive and recently been put into hospice care in FL.... View More

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answered on Dec 2, 2024

I know of no cause of action that has a long enough statute of limitations for suits against any of them. If you are an heir to any real property then you can sue for partition. Search titles to see if anything still in the family. Sometimes conveyances are made which forgets about some of... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Do I still owe rent and be evicted for late payment by a master tenant if I end up inheriting the property?

I was a sublessee owing rent to a master tenant in a property owned by my late great uncle.

Following my great uncle's death, I began falling short on payments and was served an eviction notice by the MT. However, I was later informed that I had become the sole beneficiary of my late... View More

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answered on Nov 27, 2024

If you own the property by Intestate Succession, then hire a competent attorney to represent you. Do not know what a master tenant is. You definitely need to record an Affidavit of Heirship as your source of title. Lawyer needs to search title and draft the Affidavit. At Detainer Court you... View More

1 Answer | Asked in Probate for Michigan on
Q: Probate court issued a bench arrent for me, I need to know the best way to get it cleared up?

The warrant is for failure to file an accounting form. I did try to reach out to the court about help with filing the form and no return response. Nonetheless it didn't get filed. So now I have a bench warrant with an $11,000 bond no 10%. I need to get it cleared up. I tried to contact the... View More

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answered on Nov 19, 2024

Hire a competent MI attorney to draft your final accounting. File it and serve it on all interested parties. Then your lawyer takes you to Probate Court and asks to to set aside the capias since you have finally filed the required accounting. You may need to put your own money in the... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for South Dakota on
Q: Am I responsible for a lien placed on a home I no longer own? The lien was placed on it three weeks after I closing.

I sold my home. Three weeks later I received a letter from the title company saying that a lien has been placed on my former home from a credit card debt. They also stated I was responsible for taking care of it. I was unaware of the impending lien. From a moral standpoint I know I should pay it... View More

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answered on Nov 12, 2024

The debt had to become a judgment before it could be used as a lien. Remember getting sued? You may be able to set aside the judgment, but you would still be possibly owing the debt. Apparently noone recorded the deed you signed until after the lien attached. If you signed a warranty deed,... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My uncle passed away 11/21. He left his estate to my grandmother and her disabled daughter. His wife was the executor

His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More

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answered on Nov 9, 2024

Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More

1 Answer | Asked in Elder Law and Small Claims for Tennessee on
Q: Can you take a hospital to small claims court for a missing wedding ring?

My 78 year old husband was taken to the ER for Suicidal Ideation caused by his memory issues. They took his clothes , credit cards phone and wedding ring. They did an inventory. He was transferred to a psych hospital. When he checked out of the psych hospital the gave him his clothes, phone and... View More

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answered on Nov 8, 2024

If the ring was worth alot of money you can sue for conversion in General Sessions Court. You will need an attorney, witnesses to the ring's turnover and coming up missing, and its value. Name of hospital and its registered agent will have to be determined. Adding a suspected nurse as a... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Virginia on
Q: Do we have a case against anyone(county, title company, pervious owner)?

When we bought our property we did a title check to make sure there were no restrictions with the property, come to find out there seems to be an easement that was filed with the county a year after we had bought it. however it seems to have been drafted months before we bought the property, do we... View More

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answered on Nov 6, 2024

Hire a VA attorney to search the title, and examine closely that recorded easement. If easement is for road improvement or maybe an underground utility system, probably no damages. Title companies rarely have a duty to anyone, but might get hit for negligence (again doubtful). Have an... View More

1 Answer | Asked in Probate for Minnesota on
Q: Is it complicated to add a contingent name to an existing traanfer on death deed?

All persons named on the existing todd will be together on an extended flight. Iwant to add a contingent person who will never be with us on such a trip.

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answered on Nov 4, 2024

Only the owners with title can convey. If that owner wants to draft a new deed which includes another grantee as a remainderman, he can if its contingent. If remaindermen already have a vested interest, then all presently titled parties would have to convey such an interest. Hire a competent MN... View More

3 Answers | Asked in Real Estate Law for Virginia on
Q: Does this give me an out if I don’t like the layout of the land?

“This offer is fully contingent upon on a formal survey and the buyers being satisfied with the boundaries”.

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answered on Oct 30, 2024

That sounds like you have alot of discretion on accepting the surveyed corners or not. However if you notify the seller of non-execution, then he can still sue you for specific performance. In Court you would test your lack of satisfaction. But such a suit is usually unlikely.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: If I got a dui in TN , and decide to not drive for the year cause suspended license . Mandatory to have interlock?year?

Is it mandatory to have an interlock when I get reinstated although my year suspension is completed

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answered on Oct 29, 2024

Not eligible for DL until all requirements of DUI Sentence and DOS requirements are met. Call DOS and ask what is needed. Blowmeter is for that type of license, so you might get out of it with a reinstatement after Sentence completed. SR22 Insurance should still be a requirement. DOS... View More

3 Answers | Asked in Real Estate Law for Florida on
Q: What are my legal rights for compensation before I file a quitclaim on the house I bought with my ex boyfriend?

I am on the deed for a house in Florida. Me and my then boyfriend got the house. He paid for the down payment and is paying the mortgage. I just wanted to know my legal rights for compensation as I decide to file for a quitclaim. This relationship ended badly since he abused and cheated on me. I... View More

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answered on Oct 23, 2024

Do not just give away valuable property. Hire a TN attorney to represent you, negotiate an agreeable purchase amount, and have your attorney draft the FL Quit Claim Deed. He can take receipt of the funds, then have you execute the Deed. Only then he can send it to BF, and give you the money... View More

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1 Answer | Asked in Contracts, Real Estate Law and Probate for Tennessee on
Q: What are my options for speeding up a sale?

I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More

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answered on Oct 22, 2024

You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More

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